THE FLORIDA BAR, COMPLAINANT,
v.
DENNIS P. SHEPPARD, RESPONDENT
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The Florida Supreme Court disbarred attorney Dennis P. Sheppard for engaging in illegal drug trafficking, selling $25,000 worth of marijuana over one month while maintaining the conduct was not morally wrong. The Court rejected a more lenient twelve-month suspension recommendation, finding that attorneys who participate in illegal drug activities beyond professional obligations must face severe discipline.
The Court disbarred Sheppard from the practice of law, rejecting the referee's recommendation of a twelve-month suspension. The Court found that participation in illegal drug activities by attorneys beyond professional obligations must be dealt with severely, and disbarment was the appropriate discipline.
[1] Engaging in illegal conduct involving moral turpitude violates the Code of Professional Responsibility.
[2] Alcoholism may be considered a contributing factor to attorney misconduct.
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Join FLexlaw to unlock all legal intelligence“Illegal drug activities are a major blight on our society — nationally, statewide and locally. Necessarily, members of the Bar are brought into contact with the illegal activity because of their professional obligations to offer legal assistance to clients accused of wrongdoing. Members of the Bar should be on notice that participation in such activities beyond professional obligations will be dealt with severely.”
Establishes the Court's policy that attorneys engaging in illegal drug trafficking beyond their professional duties warrant severe discipline
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Join FLexlaw to unlock all legal intelligenceIn 1985, Sheppard was arrested in Dade County for unlawful possession of 298 grams of cannabis. He admitted to selling marijuana for profit over a one…
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PER CURIAM.
This disciplinary proceeding is before us on a complaint of the Florida Bar and the referee’s report which is contested by the Florida Bar. We have jurisdiction pursuant to article V, section 15, Florida Constitution.
In 1985, Sheppard was arrested in Dade County and charged with the unlawful possession of 298 grams of cannabis. As a result of his arrest, the Florida Bar initiated this disciplinary action against him. Sheppard admitted that he sold marijuana for a profit and had been doing so for a month prior to his arrest. During this month-long period, Sheppard sold $25,000 worth of marijuana and had netted $3,000.
While acknowledging that his conduct was illegal, he maintained that it was not morally wrong.
The referee’s report recommended that Sheppard be found guilty of violating DR 1-102(A)(3) of the Code of Professional Responsibility (engaging in illegal conduct involving moral turpitude). Recognizing that alcoholism was a contributing cause of Sheppard’s misconduct, the referee further recommended that Sheppard be given a twelve-month suspension from the practice of law and be required to show proof of rehabilitation before being reinstated as a member in good standing of the Florida Bar. The Florida Bar argues for an eighteen-month suspension. We agree that a greater measure of discipline is indicated. Though not related to his law practice, Sheppard’s conduct was extremely serious. Much of the resources of the judicial system are directed toward curbing the very activities upon which Sheppard was embarked. As this Court said in The Florida Bar v. Hecker, 475 So. 2d 1240 (Fla.1985):
Illegal drug activities are a major blight on our society — nationally, statewide and locally. Necessarily, members of the Bar are brought into contact with the illegal activity because of their professional obligations to offer legal assistance to clients accused of wrongdoing. Members of the Bar should be on notice that participation in such activities beyond professional obligations will be dealt with severely.
475 So. 2d at 1243. We conclude that the appropriate discipline in this case can be nothing short of disbarment.
We approve the referee’s finding of guilt. Sheppard is hereby disbarred from the practice of law. He shall accept no new clients from the date of filing of this opinion. The disbarment will be effective thirty days from the filing of this opinion in order to give Sheppard time to close out his present practice and protect his clients’ interests, if necessary.
Judgment for costs in the amount of $1,144.40 is hereby entered against Sheppard, for which sum let execution issue.
It is so ordered. McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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THE Florida BAR v. Weintraub, 528 So. 2d 367 (Fla. 1988)…Respondent’s disbarment from The Florida Bar. Specifically, there is no evidence to suggest that Respondent’s involvement with the controlled substance was for profit as was recently condemned by this Court in The Florida Bar v. Dennis P. Sheppard [518 So. 2d 250] 12 F.L.W. 50 (Fla. December 11, 1987). I disagree with and reject Complainant’s recommendation that Respondent be suspended from the bar for at least ninety-one (91) days for the following reasons: 1.) the expert testimony indicated that Responde…
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THE Florida BAR v. Irish, 48 So. 3d 767 (Fla. 2010)…has noted that "[ijllegal drug activities are a major blight on our society ... [and] [m]embers of the Bar should be on notice that participation in such activities beyond professional obligations will be dealt with severely.” Fla. Bar v. Sheppard, 518 So. 2d 250, 250 (Fla.1987) (quoting Fla. Bar v. Flecker, 475 So. 2d at 1243) (disbarring attorney charged with possession of 298 grams of cannabis, who admitted that he had been selling it for profit).…
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Fla. Bd. of Bar Exam'rs re. Fred C. McMahan, 944 So. 2d 335 (Fla. 2006)…r, as McMahan knew from serving as a government attorney in the criminal justice system, “[m]uch of the resources of the judicial system are directed toward curbing the very [criminal] activities” in which McMahan was engaging. Fla. Bar v. Sheppard, 518 So. 2d 250, 250 (Fla.1987). As this Court stated in Florida Bar v. Hecker, 475 So. 2d 1240, 1243 (Fla.1985), “[ijllegal drug activities are a major blight on our society — nationally, statewide and locally.” This Court cannot emphasize enough that Bar members…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Emergency Amendment to the Florida Rules of Juvenile Procedure, 475 So. 2d 1240 (Fla. 1985)