The Florida Bar v. Kenneth Chesebro

Summary

The Supreme Court of Florida approved the referee’s finding that Kenneth Chesebro committed misconduct but replaced the recommended 30-day suspension with a public reprimand, based in part on his discharge under Georgia’s First Offender Act. The court lifted his felony suspension, reinstated him immediately, required attendance at Ethics School, and entered a $2,229.37 cost judgment; Justice Labarga dissented, arguing that a suspension was warranted.

Holdings

1. Chesebro's concession that he aided in filing a false certificate in federal court required the court to impose attorney discipline, notwithstanding his discharge and exoneration under the Georgia First Offender Act.
2. A public reprimand, together with attendance at The Florida Bar's Ethics School, was the appropriate sanction under the unique circumstances, including Chesebro's full discharge under the Georgia First Offender Act.
3. The referee's recommendation as to guilt was approved, but the recommended 30-day suspension was disapproved and replaced with a public reprimand.

Questions Presented

1. Whether Chesebro's admitted conduct constituted professional misconduct warranting discipline despite the discharge and exoneration of his Georgia offense under the Georgia First Offender Act.
2. What sanction was appropriate in light of Chesebro's misconduct and his subsequent legal exoneration in Georgia.
3. Whether the referee's recommended 30-day suspension should be approved.

Disposition

other