(a) DISCIPLINE BY THE COURT. In addition to a judge’s sanction or
use of another grievance mechanism, the court can — after a hearing
and for good cause — disbar, suspend, reprimand, or otherwise
discipline a member of the Middle District bar or a lawyer appearing by
special admission.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
(b) REQUIREMENT TO REPORT AND AUTOMATIC SUSPENSION.
(1) Requirement to Report. A lawyer must inform the clerk within
fourteen days after the lawyer is convicted of a felony or loses
good standing with, is publicly disciplined by, is disbarred on
consent from, or has resigned from, any bar.
(2) Automatic Suspension. Twenty-one days after an event listed
in (b)(1), a lawyer is automatically suspended. But automatic
suspension under this rule is stayed if, before the automatic
suspension, the lawyer petitions the chief judge for relief. If the
lawyer is a member of the Middle District bar, the chief judge or
one or more judges designated by the chief judge determines the
petition. If the lawyer appeared by special admission, the chief
judge or the judge assigned to the action determines the
petition. If an automatic suspension results from a bar’s
suspending the lawyer for ninety days or less, the lawyer’s
reinstatement is automatic upon reinstatement by the bar.
(c) GRIEVANCE COMMITTEES.
(1) Requirement. Each division must maintain a committee to
investigate alleged lawyer misconduct and report to the chief
judge a recommended resolution of the allegation.
(2) Appointment and Composition. With the advice and consent of
the district judges residing in the division or assigned a material
caseload in the division, the chief judge must appoint the
committee and designate the chair. The committee must consist
of at least five lawyers, each appointed for no more than three
years.
(3) Chair. The chair must ensure that an investigation and
deliberation of the committee remains orderly, reliable, and
reasonably speedy and offers fairness and due process to the
accused lawyer and any alleged victim.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
(4) Procedure.
(A) A judge or a committee member can initiate an
investigation of alleged lawyer misconduct. A referring
committee member must not participate further in
investigating or recommending the resolution of an
allegation of misconduct.
(B) The chair must appoint at least one committee
member to preliminarily investigate the alleged misconduct,
although the committee can elect to conduct the preliminary
investigation. The investigating member or members must
prepare a preliminary report for the committee.
(C) Upon receiving the preliminary report, the committee
must determine whether:
(i) to terminate the investigation because the
allegation is unsupported or insubstantial or
(ii) to investigate further or refer the allegation to The
Florida Bar or both.
(D) If the committee determines to terminate the
investigation, the chair must report the determination to the
referring judge or committee member.
(E) If the referring judge directs the committee to
investigate further, the committee must investigate promptly
and report to the judge whether probable cause exists to
believe that the lawyer is guilty of unprofessional or
unethical conduct justifying disciplinary action.
(F) If the committee finds probable cause for disciplinary
action, the chief judge or one or more judges designated by
the chief judge:
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
(i) must order the lawyer to respond,
(ii) must determine whether clear and convincing
evidence establishes lawyer misconduct, and
(iii) if so, must impose a proportionate sanction.
(G) The chief judge must notify each district and
magistrate judge and the clerk of the sanction imposed.
(5) Notice. Unless the committee finds probable cause, a lawyer
has no right to notice of the investigation.
(6) Cooperation. A lawyer must respond to, and fully cooperate
with, the committee during an investigation.
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
Chapter Three — Motions, Discovery, and Pretrial
Procedure
