Citations
- 234 So. 3d 632
Full opinion text
PER CURIAM.
This matter is before the Court on the petition of' The Florida Bar proposing amendments to the Rules Regulating the Florida Bar (Bar Rules). See R. Regulating Fla, Bar 1-12.1. We have jurisdiction. See art. V, § 15, Fla. Const.
The Bar’s petition in this case proposes amendments to a number of Bar Rules. According to the petition, the proposals included here address “housekeeping” matters, in that the petition primarily recommends editorial changes, updates to the Bar Rules based on prior amendments, and other changes to codify long-standing practice. The proposals were approved by the Board of Governors, and formal notice of the proposed amendments was published in The Florida Bar News. The notice directed interested persons to file their comments directly with the Court. The Court did not receive any comments.
The Bar proposes amendments to the following Bar Rules: 1-3.7 (Reinstatement to Membership); 3-3.1 (Supreme Court of Florida; disciplinary agencies); 3-3.2 (Board of Governors of The Florida Bar); 3-3.4 (Grievance Committees); 3-3.5 (Circuit court jurisdiction); 3-4.3 (Misconduct and minor misconduct); 3-4.4 (Criminal misconduct); 3-4.6 (Discipline by Foreign or Federal Jurisdiction; Choice of’Law); 3-4.7 (Oath); 3-5.4 (Publication of Discipline); 3-7.17 (Vexatious Conduct and Limitation on Filings); 4-1.5 (Fees and Costs for Legal Services); 4-8.3 (Reporting Professional Misconduct); 6-10.1 (Continuing legal education requirement); 6-10.4 (Reporting Requirements); 6-10.7 (Confidentiality); 8-2.2 (Contents of Application); 8-5.1 (Generally); 10-5.1 (Complaint processing); 11-1.7 (Supervision); 11-1.10 (Certification of Members of Out-of-State Bars); and 13-1.2 (Definitions). It also proposes amendments to Bar Bylaws 2-3.10 (Meetings) and 2-9.8 (Law office management assistance service). After fully considering the petition, the Court adopts these “housekeeping” amendments as proposed by the Bar.
Accordingly, the Court adopts the amendments to the Rules Regulating the Florida Bar as'set forth-in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The comments, are offered for explanation and guidance only and are not adopted as an official part of the rules. The amendments shall become effective on February 1, 2018, at 12:01 a.m.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
APPENDIX
RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
(a)-(f) [No change]
(g) Inactive Members! Inactive members may be reinstated to active membership in good standing to become eligible to practice law in Florida by petition filed with the executive director, in the form and as provided in (b) .above, except:
(l)-(3) [No change]
BYLAW 2-3.10 MEETINGS
The board of governors shallwill hold 6 regular meetings each year, at least 1 of which shallwill be held at The Florida Bar Centarin Tallahassee. S-ufojeet-to the-approval of the board.of- governors) the ■plaees-and times-of-such-meetings shall-be determined by theThe president-elect selects the places and times of the meetings to be held during the president-elect’s term as president, who--may- make.such-designation whfie-president-elect subject to the approval of the board of governors. Special meetings shallwill be held at the direction of the executive committee or the board of governors. Any member of The Florida Bar in good standing may attend meetings at any time except during such times as.-thewhen the board shall -beis in executive session concerning disciplinary matters, personnel matters, member objections to legislative positions of The Florida Bar, or receiving attorney-client advice. Minutes of all meetings shaliwill be kept by the executive director.
BYLAW 2-9.8 LAW OFFICE -MANAGEMENT-ASSISTANCE. SERVICEPRACTICE RESOURCE INSTITUTE
• The board of governors hereby . creates the law. offic-⅛. management assistance-ser-vicePractice Resource Institute and shall-will-ado.pt standing- board policies,-as-provided in bylaw 2-9.2, that shall-govern the operation of the servieeinstitute.
RULE 3-3.Í SUPREME COURT OF FLORIDA; DISCIPLINARY AGENCIES
The exclusive jurisdiction of the Supreme Court of Florida over the discipline of .persons admitted to the practice of law shaliwill be administered in the following manner subject to the supervision and review of the court. The following entities are hereby-designated as agencies of the Supreme Court of Florida for this purpose and-with the following responsibilities, jurisdiction, and powers. The board of governors, grievance committees, and referees shall have suehthe jurisdiction and powers hs-aremecessary to conduct the proper and speedy disposition of any investigation or cause, including the power to compel the attendance of witnesses, to take or cause to be taken the deposition of witnesses, and to order the production of books, records, or other documentary evidence. Each member of suehthese agencies has the power to administer oaths and affirmations to witnesses in any matter within the jurisdiction of the agency.
RULE 3-3.2 BOARD OF GOVERNORS OF THE FLORIDA BAR
(a) Responsibility of Board. The board is assigned the responsibility of maintaining high ethical standards among the members of The Florida Bar. The board shaliwill supervise and conduct disciplinary proceedings in accordance with the provisions of these rules.
(b) , Authority, to File a Formal Complaint.. No formal complaint shallmay be filed by The Florida Bar in disciplinary proceedings against a member of the bar unless 1 of the following conditions has been met:
(l)-(4) [No change]
(5) Felony Charges. A formal complaint may be filed if a member has been charged with commission of a felony under applicable law that warrants the imposition of discipline and if the chair of the grievance committee agrees. A decision of the grievance committee chair to not file, a formal complaint shallmust be reviewed by the full grievance • committee. The grievance committee may affirm or reverse the decision.
(6) [No change]
(c) [No change]
RULE 3-3.4 GRIEVANCE COMMITTEES
There shall be-suchThe board will appoint grievance committees as are herein provided, in this rule. Eeach of which-shall havegrievance committee has the authority and jurisdiction required to perform the functions hereinafter assigned to it, and which shall be constituted and appointe-dare as follows:
(a) Circuit Grievance Committees. T-here-shall- ■■beThe board will appoint at least 1 grievance committee for each judicial circuit of this state and as many more as shall be found-desirable--by-the board chooses. SuchThese committees shallwill be designated as judicial circuit grievance committees, and in circuits having more than 1 committee they shallwill be identified by alphabetical designation in the order of creation. SuchThese committees shallwill be continuing bodies notwithstanding changes in membership, and they shallwill have jurisdiction and the power to proceed in all matters properly before them.
(b) Special Grievance Committees. The board may-from -time to time appoint grievance committees for the purpose of such-investigations or specific tasksas may he assigned in accordance with these rules. SuchThese committees shallwill continue only until the completion of tasks assigned, and they shallwill have jurisdiction and power to proceed in all matters so assigned to them. All provisions concerning grievance committees shall.be- applica-hleapply to special grievance committees except those concerning terms of office and other restrictions thereon-as-may-be imposed by the board. Any vacancies occurring in such a committee shallwill be filled by the board, and suchany changes in members shallwill not affect the jurisdiction and power of the committee to proceed in all matters properly before it.
(c) Membership, Appointment, and Eligibility. Each grievance committee shallwill be appointed by the board and shallmust consist of not fewer thanhave at least 3 members. At least one-third of the committee members shallmust be nonlaw-yers. All appointees shallmust be of legal age and, except for special grievance committees, shallmust be residents of the circuit or have their principal office in the circuit. The lawyer members of the committee shallmust have been members of The Florida Bar for at least 5 years.
NeA member of a grievance committee shallmust not perform any grievance committee function when that member:
(i)-(4) [No change]
■UponOn notice of the above prohibitions, the affected members should recuse themselves from further proceedings. The grievance committee chair shall havehas the power to disqualify any member from any proceeding in which any of the above prohibitions exist and are stated orally ofon the record or memorialized in writing in-the file by the chair.
(d)Terms. The terms of the members shall beare for 1 year-from the date'of administration of the oath of service on the grievance committee or until such-time-as their successors are appointed and qüali-fied. Continuous service of a member shall-may-not-exceed-3-years. A member-shall-may not- be reappointed for-'-a period of 3 years after the end of the member’s term; provided, howeverbut, the expiration of the term of any a member’s .term of service shalldoes not disqualify suchthe member from concluding any investigation or participating in disposition of cases that were pending before the committee when the member’s term expired. A member who continues to serve on the grievance committee under the authority of this subdivision shallis not be-counted as a member of the committee when calculating the minimum. number of public members required by this rule.
(e)Officers. reviewer of the committee will designate a chair and vice-chair whodesignated by the designated.-reviewer of that.committee-The chair and rice-chair shallmust be members of The Florida Bar.
(f) Oath. Each new member of a committee‘shalimust subscribe to an oath to fulfill the duties of the office. gaefaThese oaths sfaallwill be filed with the executive director and placed with the official records of .The Florida Bar.
(g) Removal. The designated reviewer of a grievance committee- or the board of governors may remove Aany member of a office, by ■ the .designated ■■ reviewer-of-that committee or-the-board?
(h) Grievance Committee Meetings. Grievance committees should meet at regularly scheduled times, not less frequently than-quarterly each.yearat least once every 3 months, and either the chair or vice-chair may call special meetings. Grievance committees should meet at least monthly during any period when the committee has 1 or more pending cases assigned, for investigation and report. The time, date, and place of regular monthly meetings should be set in advance by agreement between the committee and chief branch discipline counsel.
RULE 3-3.5 CIRCUIT COURT JURISDICTION
The jurisdiction of the circuit courts shall — beis concurrent with that of The Florida Bar under these Rules of Discipline. The forum first asserting jurisdiction in a disciplinary matter shall retains the samejurisdiction to the exclusion of the other forum until the final determination of the cause.
RULE 3-4.3 MISCONDUCT AND MINOR MISCONDUCT
The standards of professional conduct to be ■ observed byrequired of members of the bar are not limited to the observance -of rules and avoidance of prohibited acts, and the enumeration herein-of certain categories of misconduct as constituting grounds for discipline sfaallare not be deemed to be all-inclusive, nor shallis the failure to specify any particular act of misconduct to be construed as-.tolerance thereofof the act of misconduct. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice? may constitute a cause for discipline whether the act is committed in the course of the attorney’slawyer’s relations as an attomeylawyer or otherwise, whether committed within Florida or outside the state of Florida, and whether or not the act is a felony or a misdemeanor.? may-constitute a cause for-discipline;'
RULE 3-4.4 CRIMINAL MISCONDUCT
Unless -modified or-stayed-by-the-Supreme-Court of-Florida^-as-pro-vided-else-where-herein, -aA determination or judgment of. guilt of a member-of-The-Florida Bar-by a court of competent jurisdiction that a member of The Florida Bar is guilty of any crime or offense that is a felony under the laws of suchthat court’s jurisdiction is cause for automatic suspension from the practice of- law in Florida?, unless the judgment or order is modified or stayed by the Supreme Court of Florida, as provided in these rules. In addition, whether-the alleged misconduct ■ constitutes- -a-felony-or-misdemeaner-The Florida Bar may initiate disciplinary action regardless of whether the respondent has been tried, acquitted, or convicted in a court for tfaean alleged criminal misdemeanor or felony offense?. faoweveM&e The, board may, in its discretion, withhold .prosecution of disciplinary proceedings pending the outcome of criminal proceedings ' against the respondent.■The-acqulttal-of-the-respo-nde-ntlf a respondent is acquitted in a criminal proceeding that acquittal shallis not necessarily-be a bar to disciplinary proceedings. Likewise,-nor-shall the findings, judgment, or decree of any court in civil proceedings is not necessarily be binding in disciplinary proceedings.
RULE 3-4.6 DISCIPLINE BY FOREIGN OR FEDERAL JURISDICTION; CHOICE OF LAW
(a)(a) Disciplinary Authority. An at* temeylawyer admitted to practice in this jurisdiction is. subject to the disciplinary authority of this jurisdiction, regardless of where the attemeyfelawyer’s conduct occurs. An attorneylawyer may be subject to the disciplinary authority of both- this jurisdiction and another jurisdiction for the same conduct. A final adjudication in a disciplinary proceeding by a court or other authorized disciplinary agency of another jurisdiction, state or federal, that an attor-neylawyer licensed to practice in that jurisdiction is guilty of misconduct justifying disciplinary action shaHwill be considered as conclusive proof of suehthe misconduct in a disciplinary proceeding under this rule.
(b)(b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall-beare as follows:
(1) [No change] .
(2) for any other conduct, -the rules of the jurisdiction in which the attomey’slaw-yer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shaHwill be applied to the conduct.
RULE 3-4.7 OATH
Violation of the oath taken by as attor-seylawyer to support the constitutions of the United- States and the Sstate of Florida is ground for disciplinary action. Membership in, alliance with, or support of any organization, group, or party advocating or dedicated to the overthrow of the government by violence or by any means in violation of the Constitution of the United States , or constitution of this state shaH befe a violation of the oath.
RULE 3-5.4 PUBLICATION OF DISCIPLINE
(a) [No change]
(b) Disclosure on Inquiry. All public disciplinary sanctions shaHwill be disclosed upon inquiry.
(c) [No change]
(d) Limited Exception for Admonishments Issued by the Supreme Court of Florida. All admonishments issued by the court containing the heading “Not to be Published” shaHwill not be published in the official court reporter and shaHwill not be published ip £he-F-lorida-B