IN RE AMENDMENT TO THE CODE FOR RESOLVING PROFESSIONALISM COMPLAINTS

Fla. | 2015-01-29
No. SC15-75
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
156 So. 3d 1034 Florida Supreme Court (2015)

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Synopsis

The Florida Supreme Court amended the Code for Resolving Professionalism Complaints to add an immunity provision protecting members of Local Professionalism Panels and Circuit Committees on Professionalism, as well as their staff, from civil liability for acts performed in their official duties.


Holding

The Court amended the Code by adding Section 4 to grant absolute immunity from civil liability to members of Local Professionalism Panels, members of Circuit Committees on Professionalism, and all staff persons assisting these entities for all acts performed in the course and scope of their official duties.


Headnotes

[1] Members of Local Professionalism Panels and Circuit Committees on Professionalism, and their staff, are granted absolute immunity from civil liability for acts performed…

[2] The Code for Resolving Professionalism Complaints may be amended by the Supreme Court of Florida on its own motion.

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Key Quotes

“The Code provides for the establishment of Local Professionalism Panels. These are entities independent of The Florida Bar that are "established at the local level for the purpose of resolving complaints of alleged unprofessional conduct by attorneys practicing in [those circuits]."”

Establishes the purpose and nature of the Local Professionalism Panels that are being granted immunity protection.

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Facts & Procedural History

In 2013, the Florida Supreme Court adopted the Code for Resolving Professionalism Complaints, which established Local Professionalism Panels at the lo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In 2013 the Court adopted the Code for Resolving Professionalism Complaints (Code), after considering the request of the Supreme Court of Florida Commission on Professionalism. See In re Code for Resolving Professionalism Complaints, *1035116 So.3d 280 (Fla.2013). The Code provides a process to address attorney professionalism issues at a crucial point, which is the local level. After further study of the Code by the Commission on Professionalism, the Court, on its own motion, amends the Code.1

The Code provides for the establishment of Local Professionalism Panels. These are entities independent of The Florida Bar that are “established at the local level for the purpose of resolving complaints of alleged unprofessional conduct by attorneys practicing in [those circuits].” Id. at 283. The structure for addressing professionalism issues also includes Circuit Committees on Professionalism. The Committees were established pursuant to the Administrative Order issued by this Court on June 11, 1998, that directed the Chief Judge of each circuit to create and maintain in continuous operation a Circuit Committee on Professionalism. Id. at 281. After considering the responsibilities performed by the Local Professionalism Panels and the Circuit Committees on Professionalism, we hereby amend the Code by adding Section 4, “Immunity,” to provide immunity from civil liability to members of the Local Professionalism Panels and members of the Circuit Committees on Professionalism, as well as to staff persons for these entities, for all acts performed in the course of their official duties. See generally R. Regulating Fla. Bar 10-10.1 (Immunity); R. Regulating Fla. Bar 14-7.1(a) (Immunity).

Accordingly, the Court amends the Code for Resolving Professionalism Complaints as set forth in the appendix to this opinion. The amendment shall become effective immediately upon the release of this opinion. Because the amendment was not previously published for comment, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

Section 4. Immunity

4.1. Local Professionalism Panels and Circuit Committees on Professionalism: The members of the Local Professionalism Panels, staff persons assisting those panels, members of the Circuit Committees on Professionalism, and staff persons assisting those committees, shall have *1036absolute immunity from civil liability for all acts in the course and scope of their official duties.


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