THE FLORIDA BAR, COMPLAINANT,
v.
MORTON H. SILVER, RESPONDENT
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The Court approved the conditional guilty plea and disciplined the respondent attorney by public reprimand.
[1] A lawyer's conviction for willfully and knowingly failing to file an income tax return constitutes a violation of professional responsibility rules.
[2] A plea of nolo contendere to a criminal charge can form the basis for disciplinary action against a lawyer.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar filed a complaint against attorney Morton H. Silver alleging he violated federal law by failing to file an income tax return. Silver p…
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PER CURIAM.
This matter is before the Court on Petition for Approval of Conditional Guilty Plea and Entry of Final Order of Discipline.
On March 3, 1975, counsel for the complainant filed the Complaint with The Florida Bar alleging:
“1. The Respondent, Morton H. Silver is, and at all times mentioned was, a member of The Florida Bar, subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida.
“2. This Complaint is filed by The Florida Bar, by direction of its Board of Governors, and all conditions prerequisite to the filing of said Complaint, required by the Integration Rule, have been fulfilled.
“3. The Respondent was charged with a violation of Title 26, United States Code, Section 7203, in an Information filed by the United States Attorney on December 12, 1973, in the United States District Court for the Middle District of Florida; a copy of said Information being attached hereto and made a part of this Complaint.
“4. A violation of Title 26, United States Code, Section 7203, is a misdemeanor and constitutes the crime of willfully and knowingly failing to file an income tax return.
“5. The Respondent was adjudged guilty of violating Section 7203 of Title 26 of the United States Code by United States District Judge Peter T. Fay on March 5, 1974, pursuant to a plea of nolo contendere submitted by Respondent Silver to Count II of the Information filed against him.
“6. By reason of the foregoing, Respondent has violated Rule 11.02(3) (a) and (b) of the Integration Rule of The Florida Bar and DR 1-102 (A) (4) of the Code of Professional Responsibility.”
The Petition for Approval of Conditional Guilty Plea is granted, and Respondent, Morton H. Silver, is hereby disciplined by public reprimand to be published in the Southern Reporter based upon the facts contained in the Complaint cited above. The publication of this Opinion shall serve as the public reprimand to Respondent.
Costs in the amount of $290.70 are hereby taxed against Respondent.
It is so ordered.
ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ„ concur.
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THE Florida BAR v. Lancaster, 448 So. 2d 1019 (Fla. 1984)…nolo contendere [*1022] plea along with an adjudication of guilt is sufficient to sustain disciplinary action. See The Florida Bar v. Brown, 377 So. 2d 1176 (Fla.1979); The Florida Bar v. Duffee, 343 So. 2d 829 (Fla.1977); The Florida Bar v. Silver, 313 So. 2d 688 (FIa.197,5); State ex rel. Florida Bar v. Evans, 94 So. 2d 730 (Fla.1957). In Evans this Court stated that in a disbarment proceeding based on conviction of a crime, the proof of conviction and an adjudication of guilt are sufficient to establish a…
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In re Fla. Bd. of BAR Exam'rs. In re H.H.S., 373 So. 2d 890 (Fla. 1979)…d imposed public reprimand as appropriate discipline for conviction of failure to file income tax returns after plea of guilty to one count of an information charging three county of failure to file. To the same effect is The Florida Bar v. Silver, 313 So. 2d 688 (Fla.1975), and, more recently, The Florida Bar v. Turner, 344 So. 2d 1280 (Fla.1977), each approving and imposing public reprimand as appropriate discipline upon conviction of failure to file tax returns. Further, in The Florida Bar v. Miller, 322…1 / 2
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THE Florida BAR v. Blankner, 457 So. 2d 476 (Fla. 1984)…that the respondent be suspended for a period of one year and thereafter until he proved his rehabilitation and fitness to practice law. This Court determined that a six-month suspension was an [*478] adequate penalty. In The Florida Bar v. Silver, 313 So. 2d 688 (Fla.1975), the respondent pled nolo contendere to a federal charge that he failed to file an income tax return. Upon a conditional guilty plea to a violation of the bar disciplinary rules, the referee recommended that the respondent be publicly rep…