Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee and Sarasota counties, Florida

Administrative Order No: 2018–14.2

(Supersedes Administrative Order 2015–12.2)

Whereas, in May 1990 the Board of Governors of The Florida Bar approved guidelines known as the Ideals and Goals of Professionalism, and in 1994, the Executive Council of the Trial Lawyers Section of The Florida Bar approved Guidelines for Professional Conduct, which were endorsed by the Florida Conference of Circuit Judges in September 1995; and,

Whereas, in 1998, the Directors of the Sarasota County, Manatee County, Desoto County and Venice-Englewood Bar Associations approved Standards of Professionalism to educate attorneys about customary practices in the Twelfth Judicial Circuit, and these Standards were endorsed by the judges of the Twelfth Judicial Circuit; and,

Whereas, after a bench/bar conference on professionalism was held in 2003, the Twelfth Judicial Circuit adopted a Peer Review Program for addressing lawyers who exhibit unprofessional conduct that is believed to be inconsistent with the Twelfth Judicial Circuit's Standards of Professionalism;

Whereas, in 2009, the Twelfth Judicial Circuit Professionalism Committee reviewed the Standards of Professionalism and the Peer Review Program guidelines; and,

Whereas, in 2010, these Revised Standards of Professionalism and revised Peer Review Program guidelines were endorsed and adopted by the voluntary bar associations of the Twelfth Judicial Circuit, and approved by the judges, magistrates, and hearing officers of this Circuit, who expect professionalism from all attorneys practicing in this Circuit;

Whereas, in 2013, the Florida Supreme Court published Opinion No. SC13-688, entitled “In Re: Code for Resolving Professionalism Complaints,” in which the Court finds that the Bar continues to experience significant problems with unacceptable professional conduct, expresses the need to create a structure for affirmatively addressing such conduct, and directs the Chief Judge of each Judicial Circuit to create a Local Professionalism Panel to receive and resolve professionalism complaints informally, if possible;

Whereas, in 2015, the Florida Supreme Court published Opinion No. 15-75, entitled “In re: Amendment to the Code for Resolving Professionalism Complaints,” in which the Court amended the Code to include an immunity provision;

Whereas, in 2015, the Board of Governors of The Florida Bar approved uniform professionalism guidelines known as Professionalism Expectations, developed by The Florida Bar Standing Committee on Professionalism to replace the Ideals and Goals of Professionalism adopted in 1990;

Now Therefore, it is hereby Ordered

1. Establishment of Local Professionalism Panel
   1. The Peer Review Program is hereby reorganized and shall henceforth be known as the Twelfth Judicial Circuit Local Professionalism Panel (hereinafter “Local Professionalism Panel” or “LPP”) in accordance with the Florida Supreme Court's Opinion SC13-688.
   2. The LPP shall be comprised of 14 local attorneys as follows: five (5) attorneys from Sarasota County; five (5) attorneys from Manatee County; three (3) attorneys from South County in Sarasota; and one attorney from Desoto County. The Chief Judge may seek recommendations from local voluntary bar presidents and other members of the Circuit’s legal community to fill membership positions on the LPP. The Chief Judge shall also have the power to select and appoint members as necessary should a vacancy occur in the LPP membership.
   3. All LPP attorneys shall be members in good standing of The Florida Bar, shall be from diversified areas of practice, and shall be of varying levels of experience, but at a minimum, shall have practiced law for a period of five (5) years.
   4. LPP attorneys shall serve staggered terms. When initially appointed, a member shall serve a term of one, two or three years. Upon expiration of his or her initial term, a member may serve for a three-year term. Each term shall begin on July 1 and run through June 30 of the next, second or third year. The Chair of the LPP may be appointed annually by members of the LPP. Near the expiration of a three-year term, the Chief Judge will inquire whether the member desires to continue as a member of the LPP. If the member expresses a desire to continue as an LPP member, he or she may serve until resignation or expiration of a successive three-year term. There shall be no limit on the number of three-year terms a member may serve.
2. Purpose of the Local Professionalism Pamel
   1. The purpose of the Local Professionalism Panel is to review complaints alleging that attorneys have exhibited unprofessional conduct in the practice of law.
   2. “Unprofessional conduct,” as defined by the Florida Supreme Court in SC13-688, means “substantial or repeated violations of the Oath of Admission to the Florida Bar, The Florida Bar Creed of Professionalism, The Florida Bar Professionalism Expectations, The Rules Regulating the Florida Bar, or the decisions of The Florida Supreme Court.” The Twelfth Circuit includes violations of the Twelfth Circuit’s Standards of Professionalism within this definition of “unprofessional conduct.”
   3. In addition to resolving complaints involving alleged unprofessional conduct as defined by the Florida Supreme Court, the Twelfth Circuit LPP will also address less substantial or single violations of the above-referenced standards of behavior. These less substantial or single violations were previously dealt with through the Twelfth Circuit's Peer Review Program, but will now be referred to the LPP in accordance with the provisions of this Administrative Order.
   4. The LPP shall have no authority to discipline any attorney or to compel any attorney to appear before the Panel. Attorneys who are the subject of complaints will be addressed solely in an informal, non-punitive, educational, and constructive manner.
3. Local Professionalism Panel Policies and Procedures
   1. Complaints:Any person may initiate a Complaint with the LPP that alleges unprofessional conduct against a member of The Florida Bar practicing within the Twelfth Judicial Circuit. The person making such a complaint will be referred to as the “Complainant.” The attorney that is the subject of the complaint shall be referred to as the “Respondent.” The Complaint shall be written, and may be electronically transmitted or delivered to the Chief Judge of the Circuit. A form containing the information necessary to initiate a Complaint shall be available on the Twelfth Judicial Circuit website. Complaints may also be referred to the Chief Judge by the Attorney Consumer Assistance and Intake Program (ACAP) created by The Florida Bar. Once received, the Chief Judge shall refer the Complaint to the LPP Chair for further review.
   2. Referral to LPP Panel: After receiving and reviewing a Complaint from the Chief Judge, the LPP Chair may take one of the following actions.
      1. If the LPP Chair determines that the Complaint states a violation that is appropriate for diversion to the LPP, the Chair will select and refer the Complaint to a three-member panel of the LPP (“Panel”) to hear, act upon, and resolve any unprofessional conduct.
      2. If the LPP Chair determines that the Complaint does not state a violation meeting the definition of “unprofessional conduct,” the LPP Chair will advise the Complainant and the Respondent of the LPP’s decision not to pursue an inquiry and the reasons for doing so.
   3. LPP Panel Review: Upon receipt of a Complaint from the LPP Chair, the Panel will meet to investigate the Complaint and the Panel may take one of the following actions:
      1. No further action. If, after review, the Panel finds no further action is necessary, the Panel may advise the Complainant and Respondent of the Panel's decision and the reasons therefor.
      2. Meet with the Respondent to address the conduct alleged in the Complaint. The participation and appearance of the Respondent at a meeting with the Panel is voluntary, but is strongly encouraged. At the meeting, the Panel will discuss the alleged conduct with the Respondent and determine whether the Respondent would benefit from various programs offered within the Twelfth Judicial Circuit or the Florida Bar, including meeting with a local mentoring attorney or referral to a practice and professionalism enhancement program, pursuant to Rule 3-5.3 of the Rules Regulating the Florida Bar; or
      3. If the Panel deems the unprofessional conduct so egregious that it cannot appropriately dispose of the matter itself, the Panel may refer the Complaint to ACAP.
   4. LPP Resolution: After the Panel has reviewed and addressed a Complaint, the Panel shall report to the LPP Chair how the matter has been resolved. The LPP Chair shall complete the Florida Supreme Court Individual Reporting Form relating to the Complaint. If the Respondent fails to meet with the Panel after sufficient notice, or if after the Panel review with the Respondent, the Respondent refuses to complete any recommended action, the Panel will refer the matter back to the LPP Chair.
   5. Confidentiality: The Circuit intends that the investigations and proceedings undertaken by the LPP Panel and any subpanels shall be confidential and will not be disclosed to those other than parties to the proceedings. Notes or memoranda prepared in conjunction with any referrals to the LPP will be considered work product of the Twelfth Judicial Circuit and will remain confidential and not become part of any public record. The confidential nature of investigations and proceedings undertaken by the LPP shall not preclude the duty of any lawyer to report the misconduct of other lawyers pursuant to Rule 4-8.3 of the Rules Regulating the Florida Bar.
   6. Records Retention: Records regarding referrals to and communications with the LPP, its Panels, and the parties shall be maintained to the extent necessary to prepare the Quarterly Reporting Forms sent to the Chair of the Florida Supreme Court's Commission on Professionalism.
   7. Immunity: The members of the LPP and staff persons assisting LPP members shall have absolute immunity from civil liability for all acts in the course and scope of their official duties.

Done and ordered in Sarasota County, Florida, this 31^st day of July 2018.

Charles E. Williams
Chief Judge