THE FLORIDA BAR RE: SHELDON J. SANDERS
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Sheldon Sanders, suspended from the Florida Bar due to a felony conviction and disbarment in New York, petitioned for reinstatement. The Florida Supreme Court denied his petition, holding that Florida should not readmit an attorney to practice law while he remains disbarred in his home state, and that restoration of civil rights is a required condition for reinstatement.
The court denied Sanders' petition for reinstatement, holding that Florida should not allow the practice of law by an attorney disbarred in his home state, and that restoration of civil rights is a required condition for reinstatement to the Florida Bar.
[1] A lawyer disbarred in their home state should not be readmitted to practice in Florida unless and until readmitted in their home state.
[2] A lawyer seeking reinstatement to The Florida Bar must demonstrate that their civil rights have been restored.
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Join FLexlaw to unlock all legal intelligence“We should not allow the practice of law in Florida of one disbarred in his home state.”
Establishes the court's core holding that Florida will not readmit an attorney while he remains disbarred in his home state.
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Join FLexlaw to unlock all legal intelligenceSanders, a suspended Florida Bar member residing in New York, was convicted of a felony in New York and subsequently disbarred there. A referee appoin…
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PER CURIAM.
Sheldon J. Sanders, a suspended member of The Florida Bar residing in New York, seeks the termination of his suspension and reinstatement to The Florida Bar. This Court suspended Sanders after notification that he had been convicted of a felony in his home state of New York, for which he has been disbarred. We have jurisdiction. Art. V, § 15, Fla. Const. A referee, appointed by this Court to take testimony and make recommendations, concluded that Sanders has a good character, has complied with the suspension, has rehabilitated himself, and has shown a sincere intent to avoid wrongdoing. The referee declined to make a recommendation of reinstatement, however, because Sanders has not been readmitted in his home state of New York, even though he has applied for readmission three times. Because the misconduct occurred in New York, the referee agreed with and grounded his conclusion to decline recommendation for reinstatement on Justice Ehrlich’s special concurring opinion in The Florida Bar re Sickmen, 523 So. 2d 154, 156 (Fla.1988), where he said:
If New York had instituted its disciplinary proceedings first and had disbarred Mr. Sickmen, there is no doubt in my mind that this Court would have imposed the same discipline, and would not readmit him to The Florida Bar unless and until the State of New York had done likewise.
We conclude that this is a valid consideration. We should not allow the practice of law in Florida of one disbarred in his home state. We also note that the record fails to demonstrate that Sanders has had his civil rights restored, a condition we require. The Florida Bar v. Moody, 577 So. 2d 1317 (Fla.1991); The Florida Bar v. Clark, 359 So. 2d 863 (Fla.1978).
We therefore deny Sanders’ petition for reinstatement to The Florida Bar. Judgment for costs of $841.25 is hereby entered against Sanders, for which sum let execution issue. See R. Regulating Fla.Bar 3-7.-9(d), (n)(4).
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
The Petition for Rehearing is denied. However, having satisfied this Court that his civil rights have been restored, Sheldon J. Sanders shall be admitted to The Florida Bar without further proceedings if he is readmitted to practice in his home state of New York within twelve (12) months.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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Fla. Bd. of Bar Exam'rs re R.L.V.H., 587 So. 2d 462 (Fla. 1991)…rred in Ohio should not preclude him from seeking to show that he has the requisite character and fitness to be admitted to practice in Florida. We conclude, however, that this case is controlled by our recent decision in The Florida Bar re Sanders, 580 So. 2d 594 (Fla.1991). Sanders was a member of The Florida Bar residing in New York. He was convicted of a felony in his home state of New York, for which he was disbarred. As a consequence of his New York disbarment, he was suspended from The Florida Bar. Th…
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THE Fla. BAR RE: Gary Eric Susser, 639 So. 2d 30 (Fla. 1994)…Susser in his home state of Ohio because of the same four felony convictions. The referee concluded that the Ohio ruling was harsh and recommended that Sus-ser be reinstated. The Bar argues that because of our ruling in The Florida Bar re Sanders, 580 So. 2d 594 (Fla.1991), Susser should not be allowed to practice law in Florida. Specifically, this Court stated in Sanders that “[w]e should not allow the practice of law in Florida of one disbarred in his home state.” Id. See also Florida Bd. of Bar Examiners…
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Fla. Bd. of Bar Exam'rs re David Webster, 3 So. 3d 1058 (Fla. 2009)…e has not been readmitted to the practice of law in the jurisdictions in which he committed the relevant professional misconduct. We should not allow the practice of law in Florida by one disbarred in a foreign state. See, e.g., Fla. Bar re Sanders, 580 So. 2d 594, 594 (Fla.1991); Fla. Bar Admiss. R. 2-13.1. I. Background Webster was admitted to the Bar of Washington, D.C. (“D.C. Bar”), on October 1, 1968. The following year, he was admitted to The Florida Bar. Thereafter, Webster was suspended from The Flo…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Fla. BAR In re Russell T. Sickmen, 523 So. 2d 154 (Fla. 1988)
- THE Florida BAR v. Clark, 359 So. 2d 863 (Fla. 1978)
- THE Florida BAR v. Moody, 577 So. 2d 1317 (Fla. 1991)