In re Florida Board of Bar Examiners Re J.R.M.

271 So. 3d 866 (Fla. 2019) · Supreme Court of Florida · June 11, 2019

Summary

The Supreme Court of Florida conditionally admits J.R.M. to The Florida Bar subject to a probationary period and extensive monitoring requirements. The conditions include abstinence from alcohol and unauthorized controlled substances, participation in rehabilitation and support programs, random testing, reporting obligations, residence requirements, and potential suspension or termination for violations.

Court
Supreme Court of Florida
Jurisdiction
Florida
Decision date
June 11, 2019
Procedural posture
The Supreme Court of Florida entered an order conditionally admitting the applicant to The Florida Bar subject to a five-year period of probation and specified monitoring and sobriety conditions.
Precedential value
published
Disposition
approved

Topics

administrative lawagency adjudication

Practice areas

bar admission and attorney disciplinelegal ethicsadministrative law

Questions Presented

  1. Whether the applicant's admission to The Florida Bar should be subject to a five-year period of probation and the conditions set forth in the consent agreement.
  2. What monitoring, reporting, residency, and enforcement conditions should govern the applicant's conditional admission.

Holdings

  1. The applicant's license to practice law was placed on probation for five years, subject to the conditions specified in the court's order and consent agreement.
  2. A violation of the probation conditions or a finding of probable cause concerning conduct during probation may terminate probation and expose the applicant to suspension and available grievance procedures and disciplinary sanctions, including disbarment.

Key quotations

A failure to observe the conditions of the probation or a finding of probable cause by The Florida Bar as to conduct of the applicant committed during the period of probation may terminate the probation and subject the applicant to all available grievance procedures and disciplinary sanctions including disbarment under the Rules of Discipline. (867)

Factual background

The applicant sought admission to The Florida Bar under a consent agreement requiring conditional admission and a five-year probationary period. The order imposed conditions addressing abstinence from alcohol and unauthorized controlled substances, participation in Florida Lawyers Assistance and support programs, random substance screening, sworn compliance reports, residence in Florida, and disclosure of arrests and disciplinary complaints. The Florida Bar was authorized to monitor compliance, and violations could result in suspension, disciplinary proceedings, or disbarment.

Procedural history

The Florida Board of Bar Examiners and the applicant entered into a consent agreement concerning the applicant's admission to The Florida Bar. The Supreme Court of Florida approved conditional admission subject to probationary conditions and continuing monitoring by The Florida Bar.

Court Document

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