THE FLORIDA BAR, COMPLAINANT,
v.
WILLIAM HUGER TURNER, III, RESPONDENT
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The Florida Bar disciplined attorney William Huger Turner, III for failing to file federal income tax returns for tax years 1970 and 1971, crimes for which he pleaded guilty and served six months imprisonment followed by probation. The Florida Supreme Court approved the referee's recommendation and issued a public reprimand.
Turner 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 by committing crimes involving moral turpitude through his failure to file income tax returns. The appropriate sanction is a public reprimand.
[1] A conviction for failing to file an income tax return constitutes a violation of the Florida Bar's rules of professional conduct.
[2] A conviction for failing to file an employer's income tax return constitutes a violation of the Florida Bar's rules of professional conduct.
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Join FLexlaw to unlock all legal intelligence“By reason of the foregoing, the 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 referee's finding that Turner's criminal conduct violated bar disciplinary rules prohibiting conduct reflecting adversely on fitness to practice law.
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Join FLexlaw to unlock all legal intelligenceTurner, a member of The Florida Bar, pleaded guilty to and was adjudged guilty of violating 26 U.S.C. § 7203 by failing to file a personal income tax …
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PER CURIAM.
This disciplinary proceeding by The Florida Bar against William Huger. Turner, III, a member of The Florida Bar, is presently before us on complaint of The Florida Bar and Report of Referee. Pursuant to Rule 11.06(9)(b) of the Integration Rule of The Florida Bar, the referee’s report and record were duly filed with this court. No petition for review pursuant to Rule 11.09(1), Integration Rule, has been filed.
Having considered the pleadings and evidence, the referee found as follows:
“1. The allegations of Count I have been established by the evidence and exhibits taken before me.
“2. Respondent is and was a member of The Florida Bar. “3. The Respondent was charged with a violation of Title 26, United States Code, Section 7203, which constitutes a misdemeanor and constitutes a crime of failing to file an Income Tax Return.
“4. The Respondent pled guilty and was adjudged guilty for failing to file an Income Tax Return for the calendar year 1970 and was sentenced and served six (6) months imprisonment to be followed by two years of probation, which terminated September 8, 1976. (Transcript pages 18-20, 31-33, 37). (Answer to Request for Admissions 2D, 2E).
“5. By reason of the foregoing, the 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.
“6. The allegations of Count II have been established by the evidence and exhibits taken before me.
“7. Respondent pled guilty and was adjudged guilty of violating Title 26, United States Code, Section 7203 by failing to file an Employer’s Income Tax Return for the period April 1, 1971 to June 30, 1971, which constitutes a misdemeanor and a crime. Respondent was sentenced to six (6) months imprisonment which was followed by two years of probation, which expired September 8, 1976 and which ran concurrently with his sentence referred to in Count I. (Transcript pages supra and Answer To Request for Admissions 2H, 2I and 2L).
“8. By reason of the foregoing, the 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 referee recommends that respondent be found guilty of violation of 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 and recommends that respondent receive a public reprimand.
Having carefully reviewed the record, we approve the findings and recommendations of the referee.
Accordingly, respondent, William Huger Turner, III, is hereby publicly reprimanded, and the publication of this order and judgment shall constitute a public reprimand.
Execution is hereby directed to issue against respondent for costs in the amount of $338.50.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD, ENGLAND and KARL, JJ., concur.
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In re Fla. Bd. of BAR Exam'rs. In re H.H.S., 373 So. 2d 890 (Fla. 1979)…lure 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 So. 2d 502 (Fla.1975), where the accused who was also a real estate broker…1 / 2
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THE Florida BAR v. Blankner, 457 So. 2d 476 (Fla. 1984)…nvicted of failing to file tax returns were also approved by this Court in several subsequent cases. See The Florida Bar: In re Beamish, 327 So. 2d 11 (Fla.1976); The Florida Bar: In re Schonfeld, 336 So. 2d 77 (Fla.1976); The Florida Bar v. Turner, 344 So. 2d 1280 (Fla.1977); The Florida Bar v. Ryan, 352 So. 2d 1174 (Fla.1977); The Florida Bar v. Greenspahn, 366 So. 2d 396 (Fla.1978); The Florida Bar v. Wasman, 366 So. 2d 409 (Fla.1978); and The Florida Bar v. Marks, 376 So. 2d 9 (Fla.1979). None of these cas…