THE FLORIDA BAR, COMPLAINANT,
v.
RICHARD F. RENDINA, RESPONDENT
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The Florida Supreme Court disbarred attorney Richard F. Rendina for attempting to bribe an assistant state attorney to obtain a reduced criminal sentence for his client. The Court rejected the referee's recommended two-year suspension and imposed permanent disbarment, finding that bribery of a public official strikes at the core of the justice system.
The Court affirmed the referee's findings that Rendina violated the Bar rules prohibiting conduct contrary to honesty and good morals, commission of crimes, and conduct prejudicial to the administration of justice. However, the Court rejected the referee's recommended two-year suspension and imposed permanent disbarment as the only appropriate discipline for bribery of a public official.
[1] Conviction of felony charges can warrant disbarment of an attorney.
[2] An attorney's conviction for felonies involving fraud, conspiracy, and obstruction of justice constitutes illegal conduct involving moral turpitude.
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Join FLexlaw to unlock all legal intelligence“Bribing a public official for a reduction of sentence attacks the very core of our system of justice.”
Establishes the fundamental principle that bribery targeting judicial outcomes is incompatible with the integrity of the justice system.
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Join FLexlaw to unlock all legal intelligenceRendina was charged with attempting to bribe an assistant state attorney to obtain a lesser criminal sentence for his client. Rendina pleaded guilty t…
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PER CURIAM.
This matter is before us upon the referee’s report recommending that respondent Richard F. Rendina receive a two-year suspension for violations of the Rules Regulating the Florida Bar. Both parties petition for review.1
The Florida Bar charged respondent with attempting to bribe an assistant state attorney to obtain a lesser criminal sentence for his client.2 The referee found respondent guilty of violating rules 11.02(3)(a) (commission of an act contrary to honesty, justice, or good moral); and 11.02(3)(b) (commission of a crime) of the Florida Bar Integration Rule, article XI; and disciplinary rules 1-102(A)(3) (a lawyer shall not engage in illegal conduct involving moral turpitude); 1-102(A)(4) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); 1-102(A)(5) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice); and 1-102(A)(6) (a lawyer shall not engage in any other conduct that adversely reflects on his fitness to practice law) of the Florida Bar Code of Professional Responsibility. The referee recommended that respondent be suspended from the practice of law for two years.
First, respondent argues that the referee’s findings of fact do not support the allegations of the complaint. Respondent notes that although the Bar alleged that he attempted to bribe the state attorney, the referee found only that respondent maintained improper conversations regarding bribery. We reject this contention. Respondent pled guilty to the criminal charge of conspiracy to commit unlawful compensation. The evidence for that case included taped conversations between respondent and his client during the period of time in question. Those conversations were presented to the referee and aré part of this record. We are satisfied that respondent’s own words adequately support the conclusion that the rules in question were violated.
We likewise reject respondent’s arguments pertaining to various alleged errors in the admission of evidence. Because bar disciplinary proceedings are quasi-judicial rather than civil or criminal, the referee is not bound by technical rules of evidence. The Fla. Bar v. Vannier, 498 So. 2d 896 (Fla.1986); State ex rel. The Fla. Bar v. Dawson, 111 So. 2d 427 (Fla.1959). The referee did not abuse his discretion regarding the admissibility of evidence. Nor do we find merit in respondent’s claim that he was entrapped into committing the charged offenses. Accordingly, we accept and approve the referee’s findings of fact pertaining to the violation of the bar rules.
Both parties contest the referee’s recommendation of discipline. The Florida Bar argues that respondent’s conduct warrants disbarment, whereas respondent suggests that two years’ suspension is too harsh. We concur with The Florida Bar that dis barment is the only appropriate discipline in this case. Bribing a public official for a reduction of sentence attacks the very core of our system of justice. It is irrelevant that the bribe was not effectuated.- Nor do we find that respondent’s “explanation” mitigates the offense. Respondent concedes that he agreed and planned with his client to bribe the state attorney, but explains that he did so only to “keep [his client] under control” so his client would not flee the jurisdiction, thereby forfeiting his bond and putting respondent’s fee in jeopardy. Finally, we do not find the mitigating circumstances presented here adequate to override disbarment as a result of defendant’s conduct in this case.
Accordingly, we hereby disbar respondent. Upon the filing of this opinion, respondent shall accept no new business. To allow respondent to close out his practice in an orderly fashion, disbarment is effective thirty days from the date this opinion is filed. After that date, respondent is enjoined and prohibited from the practice of law in this state. Judgment is entered against respondent for costs in the amount of $5,267.45, for which sum let execution issue.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 15, Fla. Const.; R. Regulating Fla. Bar 3-7.6.
. The referee directed a verdict in favor of the respondent on a second count in the complaint, which is not under review in this case.
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THE Florida BAR v. Rotstein, 835 So. 2d 241 (Fla. 2002)…exclusion of evidence in bar disciplinary proceedings, this Court has held that because “bar disciplinary proceedings are quasi-judicial rather than civil or criminal, the referee is not bound by technical rules of evidence.” Florida Bar v. Rendina, 583 So. 2d 314, 315 (Fla.1991). Further, this Court has reviewed referees’ actions regarding the admissibility of evidence in discipline cases using an abuse of discretion standard. See Florida Bar v. Hollander, 607 So. 2d 412 (Fla.1992) (Hollander failed to show…1 / 2
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THE Florida BAR v. Tobkin, 944 So. 2d 219 (Fla. 2006)…dicial rather than civil or criminal, the referee is not bound by the technical rules of evidence. Consequently, a referee has wide latitude to admit or exclude evidence, see Fla. Bar v. Rotstein, 835 So. 2d 241, 244 (Fla.2002); Fla. Bar v. Rendina, 583 So. 2d 314, 315 (Fla.1991), and may consider any relevant evidence, including hearsay and the trial transcript or judgment in a civil proceeding. See Fla. Bar v. Vining, 707 So. 2d 670, 673 (Fla.1998); Fla. Bar v. Vannier, 498 So. 2d 896, 898 (Fla.1986). A ref…
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THE Florida BAR v. Rood, 620 So. 2d 1252 (Fla. 1993)…. Rood and found those facts to be proven by clear and convincing evidence. Because bar disciplinary proceedings are quasi-judicial, rather than civil or criminal, the referee is not bound by the technical rules of evidence. The Fla. Bar v. Rendina, 583 So. 2d 314 (Fla.1991). Referees are authorized to consider any evidence, such as the trial transcript or judgment from the civil proceeding, that they deem relevant in resolving the factual question. We have carefully considered the record and the referee’s fi…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Merrell G. Vannier, 498 So. 2d 896 (Fla. 1986)
- State of Fla. ex rel. The Fla. BAR v. Dawson, 111 So. 2d 427 (Fla. 1959)