THE FLORIDA BAR, COMPLAINANT,
v.
BENJAMIN COHEN, RESPONDENT
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The Florida Bar petitioned the Florida Supreme Court to suspend Benjamin Cohen's bar membership based on his federal felony conviction. The Court deferred action on the suspension pending Cohen's appeal, and after his conviction was affirmed, deferred again pending his petition for certiorari to the U.S. Supreme Court, during which Cohen agreed to voluntarily refrain from practicing law.
The Florida Supreme Court deferred action on the suspension petition pending the disposition of Cohen's certiorari petition in the United States Supreme Court, accepting Cohen's voluntary withdrawal from the practice of law during that period as an alternative to immediate suspension.
“upon such representation by the said Benjamin Cohen and his attorney, Marion E. Sibley, that he will voluntarily refrain from the practice of law until the Supreme Court of the United States has acted upon the petition for certiorari”
Establishes the basis for the Court's decision to defer suspension—Cohen's voluntary withdrawal from practice pending federal review.
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Join FLexlaw to unlock all legal intelligenceBenjamin Cohen, a member of The Florida Bar, was convicted of a felony under federal law and sentenced to eighteen months imprisonment with a $10,000 …
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February 8, 1966, a petition for order of suspension pursuant to Integration Rule, Article XI, Rule 11.08(3), 31 F.S.A., of Benjamin Cohen, a member of The Florida Bar, was filed in this Court, said petition being based upon the assertion that the said Benjamin Cohen was prior thereto convicted of a felony under the laws of the United States and sentenced to eighteen months imprisonment and fined $10,-000. When such petition came on to be heard before the Court, there was pending in the United States Court of Appeals for the Fifth Circuit an appeal from the judgment and conviction which had at said time not been ruled upon; hence, upon application of the respondent Cohen, this Court deferred action thereon pending a decision of the United States Court of Appeals. This order was entered March 23, 1966.
On July 21, 1966 the United States Court of Appeals handed down its decision in the case entitled Cohen, appellant v. United States of America, appellee, 5 Cir., 363 F.2d 321, in which the judgment of conviction of Benjamin Cohen was affirmed. Petition for rehearing was thereafter duly denied and on or about September 29, 1966 a copy of said opinion was filed in this Court and the cause again set for hearing upon the original motion of The Florida Bar for suspension. There has now been filed in this cause by Marion E. Sibley, Esq., attorney for Benjamin Cohen, a letter representing unto the Court that Benjamin Cohen has filed a petition for cer-tiorari in the United States Supreme Court to review the decision of the United States Court of Appeals for the Fifth Circuit aforesaid and that, pending disposition of said petition for certiorari in the Supreme Court of the United States, he, the said Benjamin Cohen, will impose upon himself a voluntary withdrawal from the practice of law until the Supreme Court of the United States has acted upon said petition. Thereupon, upon such representation by the said Benjamin Cohen and his attorney, Marion E. Sibley, that he will voluntarily refrain from the practice of law until the Supreme Court of the United States has acted.upon the petition for certiorari, it is
Ordered that further action upon said petition for suspension be deferred until the happening of said event.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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THE Florida BAR v. Franklyn Levenson, 211 So. 2d 173 (Fla. 1968)…e been suspended until the appeal has been determined. No appeal bond has been required. The respondent feels that he should be permitted to serve his clients pending the appeal. He claims that his situation is analogous to The Florida Bar v. Cohen, 191 So. 2d 49 (Fla. 1966), and asks similar treatment. [*174] It should be noted that the instant case is not controlled by The Florida Bar v. Fussell, 179 So. 2d 852 (Fla.1965). There the Bar was proceeding under Rule 11.08 (4) of The Integration Rule. The judgm…
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THE Florida BAR v. Prior, 330 So. 2d 697 (Fla. 1976)…s were in effect. See 32 F.S.A., beginning at 511 (1967). . Rule 11.07 (3) appears in 32 F.S.A. at 105 (1975-76 Pocket Part). Its comparable pre-1969 predecessor, Rule 11.08(3), appears at 32 F.S.A. 544 (1967). . 469 F. 2d 1352 (7th Cir. 1972). . 191 So. 2d 49 (Fla.1966). . 301 So. 2d 768 (Fla.1974). . The first suspension proceeding concerned Ragano’s initial conviction in 1972. 270 So. 2d 3 (Ma.1972). The second concerned a suspension proceeding for a 1974 felony conviction. Case No. 45,680 (Fla., fil…1 / 3
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THE Florida BAR v. Cohen, 193 So. 2d 435 (Fla. 1967)…PER CURIAM. An order was entered in this cause October 19, 1966, Fla., 191 So. 2d 49, deferring action on the pending petition of The Florida Bar for suspension of the respondent Benjamin Cohen from the practice of law pursuant to Integration Rule, Article XI, Rule 11.08(3), 31 F.S.A.; such action was deferred to await final action…
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- Cohen v. United States, 363 F.2d 321 (5th Cir. 1966)