JOHN M. HATHAWAY, PETITIONER,
v.
THE FLORIDA BAR, RESPONDENT

Fla. | 1966-03-23
No. 34843
THORNAL, C. J., CALDWELL and ERVIN, JJ., and KANNER, District Court Judge (Ret.), concur., O’CONNELL, J., agrees to conclusion.
184 So. 2d 426 Florida Supreme Court (1966) Positive Treatment
Cited by 4 cases

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Synopsis

Hathaway petitioned for reinstatement to the practice of law following a two-year suspension. The Florida Supreme Court vacated the referee's denial of reinstatement and ordered a new hearing in the petitioner's home city to allow community witnesses to testify, finding that while letters of recommendation were properly excluded as hearsay, the prior hearing location and procedural inconsistencies warranted a second proceeding.


Holding

The Court affirmed the referee's exclusion of the letters as inadmissible hearsay under the Florida Bar Rules governing reinstatement proceedings. However, the Court reversed and remanded, ordering a new hearing to be held in Punta Gorda to allow interested persons from the community to appear as witnesses to make recommendations or give testimony, which should be considered as part of the total evidence in determining reinstatement.


Key Quotes

“Upon the objection of The Florida Bar, the referee rejected the admission and consideration of these letters of recommendation as hearsay, in view of the language of the rules governing the trial of reinstatement proceedings.”

Establishes that the referee properly excluded the letters under the applicable rules.

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Facts & Procedural History

Hathaway sought reinstatement after serving a two-year suspension from practice. A referee appointed by the Florida Bar recommended denial of reinstat…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks reinstatement to the practice of law following two years’ suspension and for such time thereafter until in accord with Rule 11.10 of Art. XI, Integration Rule, 31 F.S.A., he shall demonstrate to the Board of Governors of The Florida Bar and this Court that he is entitled to be reinstated in the practice upon making the showing required by said rule. See State ex rel. The Florida Bar v. Hathaway, Fla., 145 So.2d 483. The referee appointed by the Bar in these proceedings after hearing recommended that reinstatement be denied. Review was requested here and the matter has been heard on oral argument and briefs submitted by the petitioner and The Florida Bar have been studied.

Tentative views with respect to the final disposition of the petition have been expressed by individual members of the Court in conference subsequent to the argument. We are agreed, however, that the matter should not be disposed of finally until a *427hearing can be held by the referee in the city of petitioner’s residence, viz., Punta Gorda, Florida, inasmuch as some thirty-six letters recommending reinstatement were submitted, the majority of which were from persons residing in Charlotte County, where petitioner resides, or residing in the judicial circuit in which petitioner formerly practiced. These letters came from public officials of the County, members of the legal profession as well as prominent citizens of the area.

Upon the objection of The Florida Bar, the referee rejected the admission and consideration of these letters of recommendation as hearsay, in view of the language of the rules governing the trial of reinstatement proceedings.

Upon study, we are of the opinion the referee was correct in sustaining the objection to the submission of the letters of recommendation. See Art. XI, Rules 11.10(5) and 11.13(4), Florida Bar Rules. For an excellent discussion on this point, see In re Keenan, 314 Mass. 544, 50 N.E.2d 785. However, we note from some of our earlier decisions that, in a number of disbarment and suspension proceedings, letters of this kind have been received in hearings therein and considered. See, for example, In re Pine (Fla.1949) 41 So.2d 546 and In re Hurtenbach (1946) 157 Fla. 871, 27 So.2d 348. Inasmuch as petitioner may well have concluded that such letters were submissible as a matter of accepted procedure because their receipt had been, permitted in earlier cases where apparently there was no objection, and, further, because pursuant to stipulation of the opposing parties the hearing in this matter was held in Tampa, Florida, primarily for the convenience of the referee who resides there (which may have disadvantaged the personal appearance of persons residing in Charlotte County or in the judicial circuit in which petitioner resides from appearing at the hearing), we conclude that a further hearing should be held in Punta Gorda by the referee in order that persons interested in the proceedings in the area may conveniently appear as witnesses to make recommendations or otherwise give testimony and be cross-examined.

It is the view of the Court that evidence from persons residing in the area of the petitioner’s residence and former practice as witnesses, particularly those desiring to make recommendations for or against reinstatement, should be considered as a part of the total evidence and testimony in order that a final determination of the issue of reinstatement may more properly be made.

Evidence already submitted, with the exception of said letters of recommendation ruled inadmissible, may be considered by the referee in his further consideration of the proceedings including any further evidence that the opposing parties may wish to submit relevant to the issue of reinstatement and particularly evidence of persons who may wish personally to appear as witnesses to make recommendations for or against the reinstatement.

Upon the conclusion of said hearing, the referee is directed to submit his report with his recommendation to the Board of Governors of The Florida Bar, the same to be considered as provided by the rules governing such proceedings.

It is so ordered.

THORNAL, C. J., CALDWELL and ERVIN, JJ., and KANNER, District Court Judge (Ret.), concur.

O’CONNELL, J., agrees to conclusion.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • THE Florida BAR v. Randolph, 238 So. 2d 635 (Fla. 1970)
    …ry processes were set in motion. It is over ten years since some of the alleged misconduct has occurred. Many letters from highly reputable judges and lawyers have been filed in this Court without objection from the Bar. Hathaway v. The Florida Bar, 184 So. 2d 426 (Fla.1966). They attest to Mr. Randolph’s rehabilitation and acceptance in his community as an ethical practitioner. No civil action has ever been instituted against him to recover any funds in relation to the trust. In fact, although invited to do…
  • Hathaway v. THE Florida BAR, 188 So. 2d 777 (Fla. 1966)
    …pay the costs of these proceedings”. It appears that the petitioner was originally suspended from the practice of law on or about October 12, 1962. State ex rel. Florida Bar v. Hathaway, Fla., 145 So. 2d 483. See also Hathaway v. Florida Bar, Fla., 184 So. 2d 426. The Court finds that the recommendation of the referee and the judgment of the Board of Governors should be approved. In view of these recommendations, the petitioner, John M. Hathaway is hereby reinstated to the practice of law with all rights an…

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