Florida Bar v. Walkden

950 So. 2d 407 (Fla. 2007) · Supreme Court of Florida · February 22, 2007

Summary

The Supreme Court of Florida granted The Florida Bar’s petition for contempt against John L. Walkden. The court held that Walkden repeatedly practiced law while suspended, considered his prior disciplinary history and cumulative misconduct, and disbarred him for five years effective nunc pro tunc to April 12, 2004. The court also concluded that no referee was necessary because Walkden did not materially dispute the facts.

Holdings

  1. Walkden's continued performance of legal services and filing of a legal action while suspended violated the Court's suspension orders and constituted contempt.
  2. The Court could consider Walkden's prior misconduct and disciplinary history in determining the appropriate sanction; doing so did not violate double jeopardy.
  3. Disbarment was warranted, and Walkden was disbarred from the practice of law in Florida for five years, effective nunc pro tunc to April 12, 2004.

Questions Presented

  1. Whether Walkden's continued practice of law while suspended constituted contempt of the Supreme Court's disciplinary orders.
  2. Whether the Court could consider prior misconduct and prior disciplinary sanctions in determining the appropriate discipline without violating double jeopardy.
  3. Whether the undisputed record warranted disbarment rather than another suspension or appointment of a referee.

Disposition

other

Cases Cited (10)

  • Fla. Bar v. Walkden, 917 So. 2d 196 (Fla. 2005)(followed)
  • Fla. Bar v. Walkden, 817 So. 2d 852 (Fla. 2002)(followed)
  • Fla. Bar v. Walkden, 871 So. 2d 875 (Fla. 2004)(followed)
  • Fla. Bar v. Carlon, 820 So. 2d 891, 899 (Fla. 2002)(followed)
  • Fla. Bar v. Vining, 761 So. 2d 1044, 1048 (Fla. 2000)(followed)
  • Fla. Bar v. Forrester, 916 So. 2d 647, 654 (Fla. 2005)(followed)
  • Fla. Bar v. Heptner, 887 So. 2d 1036, 1045 (Fla. 2004)(followed)
  • Fla. Bar v. McAtee, 674 So. 2d 734 (Fla. 1996)(followed)
  • Fla. Bar v. Brown, 635 So. 2d 13, 13-14 (Fla. 1994)(followed)
  • Fla. Bar re Walkden, 931 So. 2d 901 (Fla. 2006)(followed)

Cited In (0)

No citing cases on record yet.

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