THE STATE OF FLORIDA, PETITIONER,
v.
CHARLES BRODSKI, ROBERT BERZAK, ERIC LITTMAN, RICHARD GABOR AND ANDREW LEVINE, RESPONDENTS

Fla. 3d DCA | 1979-03-20
No. 78-2349
Before HENDRY, HUBBART and KE-HOE, JJ.
369 So. 2d 366 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Florida sought to compel law students to testify before the State Attorney regarding drug activities at the University of Miami Law School. The trial court quashed the subpoenas after the students argued they were entitled to both criminal and disciplinary immunity from The Florida Bar under Section 914.04. The court granted Florida's petition for certiorari, holding that Section 914.04 provides only criminal immunity, not disciplinary immunity, and that disciplinary immunity is available only by order of the Florida Supreme Court.


Holding

Section 914.04 provides only criminal immunity, not disciplinary immunity. Law students, like attorneys, have no greater immunity under this statute than what is explicitly granted—criminal prosecution immunity only. Disciplinary immunity from The Florida Bar must be sought separately by application to and order of the Florida Supreme Court.


Headnotes

[1] A grant of immunity under Section 914.04, Florida Statutes, does not immunize attorneys from disciplinary proceedings instituted by or under the authority of the Florida…

[2] Law students, as aspirants to become attorneys, do not possess greater disciplinary immunity under Section 914.04 than practicing attorneys.

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Key Quotes

“a grant of immunity under Section 914.04 does not immunize attorneys from disciplinary proceedings instituted or imposed by or under authority of the rules of this court”

Establishes that Section 914.04 provides only criminal immunity and does not protect attorneys from disciplinary proceedings by The Florida Bar

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Facts & Procedural History

Five law students at the University of Miami were subpoenaed to testify before the State Attorney regarding an investigation into criminal drug activi…

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Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

This is a petition for writ of common law certiorari brought by the State of Florida seeking to review an order granting the respondents’ motions to quash subpoenas. We grant the petition and quash the order.

Pursuant to the power granted to the State Attorney by Section 27.04, Florida Statutes (1977), the five respondents, all law students at the University of Miami, were subpoenaed to testify before the State Attorney. The respondents were to be questioned in regard to the pending prosecution styled State of Florida v. Bernard J. Krabacker, an investigation into criminal drug activities at the University of Miami Law School, and about their personal drug use and the drug use of other students at the University. By complying with the subpoenas, respondents were to be given complete immunity from criminal prosecution pursuant to the provisions of Section 914.04, Florida Statutes (1977).

In response to these subpoenas, respondents filed motions to quash the subpoenas. After a hear ing on their motions, the trial court entered an order providing, among other things, for the quashing of the subpoenas. From this order dated November 3, 1978, petitioner brought the instant petition for common law writ of certiorari.

The basic contention of petitioner is that the trial court departed from the essential requirements of law by granting respondents’ motions to quash because they had no right to immunity other than from criminal prosecution.

Both petitioner and respondents agree that respondents, pursuant to the subpoenas issued to them, were entitled to immunity from criminal prosecution. However, it is respondents’ position that pursuant to Section 914.04, Florida Statutes (1977), they should also be granted disciplinary immunity from The Florida Bar in regard to any matters concerning their testimony or evidence produced pursuant to their subpoenas.

In the light of the Supreme Court of Florida’s recent decision in Ciravolo v. The Forida Bar, 361 So. 2d 121 (Fla.1978), we believe that respondents’ reliance on Section 914.04 is misplaced. In Ciravolo, at 124, the Supreme Court held “. that a grant of immunity under Section 914.04 does not immunize attorneys from disciplinary proceedings instituted or imposed by or under authority of the rules of this court.” [This includes proceedings by The Florida Bar.] The effect of Ciravolo is to remove disciplinary immunity from Section 914.04 as it relates to attorneys, as opposed to other disciplines. Certainly respondents as law students and aspirants to become attorneys have no greater immunity under this Section than attorneys. All that is required by statute or otherwise is that respondents be given criminal immunity for their testimony; here, such immunity was given.

However, we note that the effect of Ciravolo is not to foreclose any disciplinary immunity from respondents, but to make it available by application to and by order of the Florida Supreme Court. Ciravolo at 125.

To reiterate, when attorneys are subpoenaed to testify before a State Attorney and are granted immunity, they should recognize that the grant of immunity runs to criminal prosecution and not to disciplinary proceedings by The Florida Bar, unless such disciplinary immunity is granted by the Florida Supreme Court.

We note that because of the procedural posture of this matter before us, the record is sparse. We do not know, for example, what questions were to have been asked appellants or what their answers might have revealed. However, we also note that petitioner has at all times relevant herein offered respondents immunity from criminal prosecution for their testimony.

Because of our determination set forth above, we find it unnecessary to discuss the other contentions presented by this petition. Accordingly, the petition for common law writ of certiorari is granted and the order of the trial court quashing the subpoenas is quashed.

Granted.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Weir, 380 So. 2d 1297 (Fla. 3d DCA 1980)
    …ve rise to the charges against him, the terms of the statute seem, on their face, rather clearly to apply. See, e. g., Lorenzo v. Blackburn, 74 So. 2d 289 (Fla.1954); Daniels v. Kirkland, 379 So. 2d 197 (Fla. 5th DCA 1980); State v. [*1299] Brodski, 369 So. 2d 366 (Fla. 3d DCA 1979). The state vigorously argues, however, citing such cases as Tsavaris v. Scruggs, 360 So. 2d 745 (Fla.1977); Orosz v. State, 334 So. 2d 26 (Fla. 1st DCA 1976) and State ex rel. Foster v. Hall, 230 So. 2d 722 (Fla. 2d DCA 1970), tha…
  • State v. Rendina, 467 So. 2d 734 (Fla. 4th DCA 1985)
    …at section 914.04 provides no immunity from disciplinary proceedings instituted by The Florida Bar and that such immunity can be provided only by the Supreme Court of Florida. Ciravolo v. The Florida Bar, 361 So. 2d 121 (Fla.1978); State v. Brodski, 369 So. 2d 366 (Fla. 3d DCA 1979). One of the issues here is: who should shoulder the responsibility for seeking such immunity from the supreme court? We hold that a witness in DeBock’s position must apply therefor because, when the statutory immunity provided by…

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