In Re: Amendment to Rule Regulating The Florida Bar 3-5.2

Supreme Court of Florida
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No. SC2023-0108
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IN RE: AMENDMENT TO RULE REGULATING THE FLORIDA BAR
3-5.2.

August 31, 2023

PER CURIAM.

The Court, on its own motion, is considering an amendment to

Rule Regulating The Florida Bar 3-5.2 (Emergency Suspension and

Interim Probation or Interim Placement on the Inactive List for

Incapacity Not Related to Misconduct). 1

Previously, this Court asked the Bar to consider proposing

amendments to Bar Rule 3-5.2 to allow temporary suspension

orders to be issued in cases where an attorney has been charged

with a felony by indictment or information in state or federal court.

The Bar prepared a proposal responsive to the Court’s letter, but

after reviewing the Bar’s petition, we declined to amend Bar Rule 3-

1. We have jurisdiction. See art. V, § 15, Fla. Const.; R.
Regulating Fla. Bar 1-12.1.
5.2 at that time. We later proposed an alternative amendment to

the rule, which we published for comment in the February 2023

edition of The Florida Bar News. Comments were received from the

Bar, the Florida Public Defender Association, and the Florida

Association of Criminal Defense Lawyers. Having considered the

sua sponte proposal and the comments received, we hereby adopt

the amendment with one modification.

Bar Rule 3-5.2(a)(1) currently states that on petition from the

Bar, and as supported by one or more affidavits, this Court may

suspend a lawyer on an emergency basis when the facts alleged in

the affidavit(s), if unrebutted, show clearly and convincingly that

the lawyer appears to be causing great public harm. This Court

proposed adding a sentence stating that a felony charge alleging

conduct reflecting adversely on the lawyer’s fitness to practice law

can constitute clear and convincing evidence that the lawyer’s

continued practice of law would cause great public harm. In

consideration of the comments received following publication, we

modify this new sentence to clarify that the felony charge

underlying the suspension must be “by an indictment or

information in state or federal court.”

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Accordingly, we amend the Rules Regulating The Florida Bar

as reflected in the appendix to this opinion. New language is

indicated by underscoring. The amendment shall become effective

October 30, 2023, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THIS AMENDMENT.

Original Proceeding – Florida Rules Regulating The Florida Bar

Joshua E. Doyle, Executive Director, F. Scott Westheimer,
President, Roland Sanchez-Medina, Jr., President-elect, and
Elizabeth Clark Tarbert, Division Director, Lawyer Regulation, The
Florida Bar, Tallahassee, Florida; Howard L. “Rex” Dimmig, II, on
behalf of the Florida Public Defender Association, Inc., Bartow,
Florida; and Jason Cromey on behalf of the Florida Association of
Criminal Defense Lawyers, Pensacola, Florida,

Responding with comments

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APPENDIX

RULE 3-5.2. EMERGENCY SUSPENSION AND INTERIM
PROBATION OR INTERIM PLACEMENT ON THE
INACTIVE LIST FOR INCAPACITY NOT RELATED
TO MISCONDUCT

(a) Petition for Emergency Suspension.

(1) Great Public Harm. The Supreme Court of Florida may issue
an order suspending the lawyer on an emergency basis on petition
of The Florida Bar, authorized by its president, president-elect, or
executive director and supported by 1 or more affidavits
demonstrating facts personally known to the affiants that, if
unrebutted, would establish clearly and convincingly that a lawyer
appears to be causing great public harm. The fact that a lawyer has
been charged with a felony by an indictment or information in state
or federal court may, for the purposes of this rule, constitute clear
and convincing evidence that the lawyer’s continued practice of law
would cause great public harm when such felony charge alleges
conduct reflecting adversely on the lawyer’s fitness to practice law.

(2)-(3) [No Change]

(b) – (n) [No Change]

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