STATE OF FLORIDA EX REL. THE FLORIDA BAR, COMPLAINANT,
v.
JOE E. HODGES, RESPONDENT

Fla. | 1960-10-05
THOMAS, C. J., and TERRELL, HOB-SON, ROBERTS and DREW, JJ., concur.
123 So. 2d 463 Florida Supreme Court (1960) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court affirmed the disbarration of attorney Joe E. Hodges for unprofessional conduct involving misappropriation of estate funds, forgery, and disobedience to court orders while serving as counsel for a guardian. The Court adopted the Board of Governors' findings and recommendation that Hodges be disbarred from practice in Florida.


Holding

The Court affirmed that Hodges is guilty of unprofessional conduct as charged and approved his disbarration from the practice of law in Florida, along with assessment of costs of $214.48 against him.


Key Quotes

“respondent was charged with unprofessional conduct during the years 1954 to 1959, both included, in that during said years he did convert certain moneys of an incompetent's estate to his own use while employed as attorney for the guardian of said estate”

Establishes the core charges against Hodges involving misappropriation of estate funds

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Facts & Procedural History

Joe E. Hodges was a member of The Florida Bar employed as attorney for the guardian of an incompetent's estate during the years 1954-1959. During this…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment of the Board of Governors of The Florida Bar entered July 29, 1960, in this disciplinary proceeding and filed in this court August 3, 1960, with the record and evidence of all proceedings had herein, came on to be reviewed by this court September 19, 1960.

The report of the Board of Governors finds that Joe E. Hodges, the respondent, is a member of The Florida Bar, subject to the disciplinary provisions of Article XI, Integration Rule of The Florida Bar, as adopted by the Supreme Court of Florida March 4, 1950, and as subsequently amended, 31 F.S.A.

Pursuant to complaint filed by The Florida Bar March 2, 1960, respondent was charged with unprofessional conduct during the years 1954 to 1959, both included, in that during said years he did convert certain moneys of an incompetent’s estate to his own use while employed as attorney for the guardian of said estate of said incompetent, with fraudulently procuring funds from said estate, with failure to properly account for funds of said estate when called upon to do so by the court having jurisdiction of the administration of the estate, with uttering forged withdrawal slips and with failure to abide by the orders of court concerning the handling of said guardianship estate. Account of said actions and conduct by respondent alleged in the complaint, he was charged with violation of Canons 1, 11, 21, 22 and 32 of the Canons of Professional Ethics and Rules 1, 2, 14, 27, 28, 30 and 32 of the Additional Rules Governing the Conduct of Attorneys in Florida, 31 F.S.A., and §§ 831.01 and 832.02, Florida Statutes 1957, F.S.A.

Pursuant to evidence taken by the referee in support of charges alleged in the complaint, he [referee] found that each of the allegations detailed in the complaint was proven or was admitted by respondent and that the charges of unprofessional conduct were amply established. The referee further found that the admitted allegations of the complaint by the accused attorney were found to be true. The referee recommended that respondent be disbarred.

The Board of Governors of The Florida Bar approved the findings and recommendation of the referee, ordered and adjudged Joe E. Hodges, the respondent, to be guilty of unprofessional conduct as charged, that he be disbarred from the practice of law in Florida and that the costs of this proceeding in the sum of $214.48 be assessed against him.

The record and judgment of the Board of Governors of The Florida Bar have been examined by this court. It is accordingly ordered and adjudged that the judgment of the Board of Governors of The Florida Bar, dated July 29, 1960, that respondent, Joe E. Hodges, is guilty of unprofessional conduct as charged, that he be disbarred *465from the practice of law in Florida and that he pay the costs incurred in this proceeding in the sum of $214.48, be, and the same is, approved and adopted as the judgment of this court. Execution is hereby directed to issue for the costs assessed against respondent.

THOMAS, C. J., and TERRELL, HOB-SON, ROBERTS and DREW, JJ., concur.


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Citator

Cited By

  • …Board of Governors of The Florida Bar upon petition for reinstatement by Joe E. Hodges. “The petitioner, Joe E. Hodges, was disbarred from the practice of law in Florida on October 5, 1960. State of Florida ex rel. The Florida Bar v. Joe E. Hodges, 123 So. 2d 463 (Fla.1960). On October 18, 1968, Joe E. Hodges filed a petition for reinstatement with the Board of Governors and subsequently a referee was appointed to take testimony and make recommendations. “The referee held a formal hearing. From this hearing…
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