J. MARSHALL GIFFORD, PETITIONER,
v.
RICHARD PAYNE, RESPONDENT

Fla. | 1983-05-12
No. 62564
ALDERMAN, C.J., and ADKINS, BOYD and McDONALD, JJ., concur.
432 So. 2d 38 Florida Supreme Court (1983) Negative Treatment
Cited by 7 cases

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Synopsis

The Florida Supreme Court held that a trial judge lacked authority to restrict an attorney's criminal law practice as a contempt sanction without following the formal disciplinary procedures required by the Florida Bar Integration Rules. The Court vacated the practice restriction while upholding the fine imposed for criminal contempt.


Holding

A restriction on an attorney's ability to practice law because of unprofessional conduct may be imposed only in accordance with the procedures delineated in the Florida Bar Integration Rules. The Court vacated the co-counsel requirement as an improperly imposed restriction, though the contempt fine was proper. Appropriate grievance or judicial disciplinary proceedings may be instituted in the proper forum.


Headnotes

[1] A court order restricting an attorney's ability to practice law due to alleged professional misconduct must follow the procedures delineated in the Florida Bar Integratio…

[2] A court may not impose an unauthorized restriction on an attorney's ability to practice law as a sanction for contempt.

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Key Quotes

“A restriction on an attorney's ability to practice law because of unprofessional conduct may be imposed only in accordance with the procedures delineated in Rules 11.01-11.14.”

Establishes the core holding that practice restrictions require formal disciplinary procedures, not just inherent contempt power

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Facts & Procedural History

Petitioner Gifford was found in direct criminal contempt of court for obstructing justice and refusing to obey a court order. The trial judge imposed …

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Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

Petitioner has filed a petition for rehearing and clarification of our order of October 25, 1982, denying his petition for extraordinary relief. Petitioner had requested that this Court exercise its jurisdiction “to vacate that portion of [Judge Payne’s] order of August 23,1982, suspending the petitioner from the practice of law in the Sixteenth Judicial Circuit of Florida.” On October 25, 1982, this Court denied the petition for extraordinary relief. After considering the petition for rehearing, we grant the petition and withdraw our October 25 order. We have jurisdiction. Art. V, § 15, Fla. Const. We hold that respondent did impose an unauthorized restriction on petitioner’s ability to practice law. We vacate that portion of the order below without prejudice to any subsequent Florida Bar grievance proceeding under Florida Bar Integration Rule, article XI, Rules 11.02-11.13, or judicial disciplinary proceeding under Florida Bar In tegration Rule, article XI, Rule 11.14, for his alleged professional misconduct.

The facts are uncontroverted. Petitioner was found in direct criminal contempt of court for engaging in behavior calculated to obstruct the court in the administration of justice and for directly refusing to obey a legal order of the court. Respondent levied a fine against petitioner sufficient to cover the costs incurred when the court was forced to declare a mistrial because of petitioner’s action. In addition, the petitioner was ordered to complete twenty hours of approved continuing legal education in criminal law and general trial practice and was restricted from representing clients in criminal cases unless he associated co-counsel, which restriction would continue until petitioner certified his completion of the ^continuing education credits.

Petitioner contends that respondent essentially suspended him from the practice of law by requiring him to associate co-counsel when undertaking representation in criminal cases. Petitioner argues that this restriction is illegal because the procedures delineated in Rule 11.14 were not followed. In response, the judge asserts that the sanction was properly imposed under the inherent contempt power of courts and that petitioner was not suspended from the practice of law, but was only required to associate co-counsel until he completed his continuing education credits.

In Burns v. Huffstetler, 433 So. 2d 964 (Fla.1983), released simultaneously with this opinion, we clarified the process by which a circuit court may suspend or disbar an attorney from the practice of law. A restriction on an attorney’s ability to practice law because of unprofessional conduct may be imposed only in accordance with the procedures delineated in Rules 11.01-11.14.

We find that the fine was properly imposed under the circumstances of this case, but that the procedure used to restrict petitioner in the practice of law was improper. We vacate that portion of the trial court’s order with the understanding that appropriate grievance or judicial disciplinary proceedings may be instituted against petitioner in the appropriate forum.

It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD and McDONALD, JJ., concur.


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Citator

Cited By

  • Carnival Corp. v. Beverly, 744 So. 2d 489 (Fla. 1st DCA 1999)
    …rt held that the trial court’s order requiring the surrender of an attorney’s license to practice law “amounts to a suspension from the practice of law and that such a punishment may not be imposed as a sanction.... ” Id.; see also Gifford v. Payne, 432 So. 2d 38, 39 (Fla.1983). The court explained, however, that its “holding is not intended to prohibit the trial court from using contempt proceedings to punish attorney misconduct in this or any other cause.” Burns, 433 So. 2d at 966. Importantly for the inst…
  • Haley Pippin v. State, 559 So. 2d 708 (Fla. 1st DCA 1990)
    …urt to monitor his cases. Had we the power to suspend him from the practice of law before this court, we would do so. The Florida Supreme Court has, however, made it clear that we cannot restrict an attorney’s practice of law. See, Gifford v. Payne, 432 So. 2d 38 (Fla.1983). We have referred Mr. Thompson to the Florida Bar on numerous occasions for consideration of disciplinary actions, but he continues to practice before this court. Now, therefore, it is ordered: 1. W. Paul Thompson is required, until fur…
  • …tion, the Supreme Court of Florida has “exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.” After finding an attorney in contempt of court, the trial judge in Gifford v. Payne, 432 So. 2d 38, 39 (Fla.1983), levied a fine against the attorney, and restricted him from representing clients without co-counsel in criminal cases until he certified that he had completed his continuing education credits. The supreme court decided that, although…

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