THE FLORIDA BAR, COMPLAINANT,
v.
MICHAEL SIERRA, RESPONDENT

Fla. | 1988-03-17
No. 70857
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
521 So. 2d 1111 Florida Supreme Court (1988) Positive Treatment
Cited by 2 cases

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Holding

The Court approves the referee's report and disbars the respondent attorney.


Facts & Procedural History

Respondent was adjudicated guilty of conspiracy to commit extortion. The Florida Bar charged this as professional misconduct, and the respondent filed…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This disciplinary proceeding is before the Court for consideration of the referee’s report. Neither party has filed a petition for review.

On September 16, 1983, respondent Michael Sierra was adjudicated guilty of the offense of conspiracy to commit extortion in violation of title 18, United States Code, section 1951(a). The complaint of The Florida Bar charged that respondent’s felony conviction constituted conclusive proof of professional misconduct and asked that he be appropriately disciplined. Respondent filed a conditional guilty plea for consent judgment in which The Florida Bar joined. Based on the conditional plea, the referee recommends that respondent be found guilty of violating the former Integration Rule of The Florida Bar, article XI, rule 11.02(3Xa) (an act contrary to honesty, justice, or good morals) and rule 11.02(3)(b) (commission of a criminal offense) and the former Code of Professional Responsibility, Disciplinary Rules 1-102(A)(3) (illegal conduct involving moral turpitude) and 1-102(A)(6) (conduct adversely reflecting on fitness to practice law).

Pursuant to the proposed consent judgment approved by the Bar, the referee recommends that respondent be disbarred, retroactive to May 23, 1985. We approve the referee’s report. We hereby disbar Michael Sierra, effective May 23, 1985. He may not apply for readmission until after five years from that date.

The costs of this proceeding are assessed against the respondent. Judgment is entered against Michael Sierra in the amount of $304.18, for which sum let execution issue.

It is so ordered.

MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • THE Florida BAR v. Porter, 684 So. 2d 810 (Fla. 1996)
    …ch 22, 1996, that a complaint was pending against him. Thereafter, the notice of default was sent to Porter’s mailing address, and he failed to retrieve it. We cannot endorse Porter’s knowing decision to ignore his mail. See Florida Bar v. Santiago, 521 So. 2d 1111 (Fla.1988) (stating that we cannot countenance an attorney’s conscious decision not to open his mail). Consequently, we find no merit to his first claim of error. Turning to the substance of the report, a referee’s findings of fact are presumed cor…
  • THE Florida BAR v. Tipler, 8 So. 3d 1109 (Fla. 2009)
    …ich Porter attended, the referee found Porter guilty of violating [various Bar rules]. Id. at 812. Based on these facts, we concluded that we could not “endorse Porter’s knowing decision to ignore his mail.” Id. at 813 (citing Fla. Bar v. Santiago, 521 So. 2d 1111 (Fla.1988)). Porter does not support Tipler’s argument that he is entitled to an evidentiary hearing to determine whether his conduct was knowingly done. Tipler attempts to distinguish Porter by asserting that he did not know that the Bar mailed th…

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