THE FLORIDA BAR, COMPLAINANT,
v.
LEO B. WEST, RESPONDENT
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The Florida Bar challenged a referee's disciplinary recommendation that would have automatically reinstated attorney Leo B. West after an 18-month suspension for cocaine possession. The Florida Supreme Court agreed that automatic reinstatement was improper and held that any suspension exceeding 90 days requires a separate reinstatement proceeding with proof of rehabilitation.
The court held that the referee lacked authority to recommend automatic reinstatement. Under Rule 3-5.1(e), any suspension exceeding 90 days requires proof of rehabilitation and may require passage of the bar examination, necessitating a separate reinstatement proceeding.
[1] A suspension of a lawyer from practice for more than ninety days requires a separate reinstatement proceeding.
[2] A referee lacks the authority to recommend automatic reinstatement of a lawyer suspended for more than ninety days.
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Join FLexlaw to unlock all legal intelligence“A suspension of more than ninety (90) days shall require proof of rehabilitation and may require passage of all or part of the Florida bar examination.”
Rule 3-5.1(e) establishing the governing standard that automatic reinstatement is improper for suspensions exceeding 90 days
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Join FLexlaw to unlock all legal intelligenceWest pleaded guilty to cocaine possession in August 1987 and was placed on probation, required to complete drug treatment, and fined $5,000. He was au…
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PER CURIAM.
This proceeding is before the Court on the petition of The Florida Bar challenging the referee’s report, which recommended, in part, that Leo B. West be suspended from the practice of law for eighteen months, after which West would be automatically reinstated. We have jurisdiction. Art. V, § 15, Fla.Const. The Bar asserts that the referee had no authority to recommend automatic reinstatement. We agree and find that the applicable rule clearly directs that any suspension of a lawyer for more than ninety days requires a separate reinstatement proceeding.
The record reflects that on or about August 20, 1987, West pled guilty to possession of cocaine, in violation of section 893.-13, Florida Statutes (1987). The trial court placed West on probation for three years, required West to complete a drug treatment program, and fined West $5,000. Additionally, West was automatically suspended from the practice of law for a period of three years, commencing August 20, 1987. Subsequently, West filed a petition to modify or terminate the suspension, which this Court denied on September 2, 1988. On March 16, 1989, the referee found West guilty of violating Disciplinary Rule 1-102(A)(3) (engaging in illegal conduct involving moral turpitude); Disciplinary Rule 1-102(A)(6) (engaging in conduct adversely reflecting on one’s fitness to practice law), of the former Florida Bar Code of Professional Conduct, and article XI, Rule 11.-02(3)(a) (commission of an act contrary to honesty, justice, or good morals), and article XI, Rule 11.02(3)(b) (commission of a crime), of the former Integration Rule of The Florida Bar. For these violations, the' referee recommended' that West be suspended from the practice of law for eighteen months, commencing August 20, 1987. Additionally, the referee recommended that West be placed on probation for two years following his susperision and set forth various conditions concerning the suspension and probationary periods. The referee also recommended that reinstatement be automatic upon completion of the suspension.
The Florida Bar contends that the referee has no authority to recommend that West be automatically reinstated upon the completion of his suspension period. Rule 3-5.1(e), Rules Regulating The Florida Bar, states, in pertinent part: “A suspension of more than ninety (90) days shall require proof of rehabilitation and may require passage of all or part of the Florida bar examination.” (Emphasis added.) See The Florida Bar v. Pavlick, 504 So. 2d 1231 (Fla.1987); The Florida Bar v. Musleh, 453 So. 2d 794 (Fla.1984). We find that this rule controls.
Accordingly, we approve the referee’s findings of fact and his recommendation that Leo B. West be suspended from the practice of law for a period of eighteen months, commencing August 20, 1987. We find this period of suspension to be appropriate in light of the following statement made by the referee:
Respondent has cooperated with The Florida Bar and has readily admitted his wrongdoing. He has notified his clients of his suspension. Prior to being suspended, Respondent has completed a drug treatment program and continues with alcohol counseling.
Contrary to the referee’s recommendation, we find that West may be reinstated only upon proof of rehabilitation. Any probationary period and conditions of probation are more appropriately considered in the reinstatement proceeding. Judgment for costs in the amount of $782.50 is hereby entered against Leo B. West, for which sum let execution issue.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- THE Florida BAR v. Pavlick, 504 So. 2d 1231 (Fla. 1987)
- THE Florida BAR v. Emile Gus Musleh, 453 So. 2d 794 (Fla. 1984)