Florida Bar v. Dubbeld

748 So. 2d 936, 24 Fla. L. Weekly Supp. 405, 1999 Fla. LEXIS 1459, 1999 WL 669203
CourtSupreme Court of Florida
DecidedAugust 26, 1999
DocketNo. 92,892
StatusPublished

This text of 748 So. 2d 936 (Florida Bar v. Dubbeld) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar v. Dubbeld, 748 So. 2d 936, 24 Fla. L. Weekly Supp. 405, 1999 Fla. LEXIS 1459, 1999 WL 669203 (Fla. 1999).

Opinion

PER CURIAM.

Paul J. Dubbeld petitions this Court to review a referee’s report recommending that he be suspended from the practice of law for ninety-one days. We have jurisdiction. See Art. V, § 15, Fla. Const. As explained more fully below, we suspend Dubbeld from the practice of law for ninety-one days and impose several conditions that he must fully satisfy before he may be considered for reinstatement to the practice of law.

On April 29, 1998, The Florida Bar filed in this Court a petition fqr order to show cause against Dubbeld, alleging that he had violated various provisions set forth in a “Conditional Guilty Plea for Consent Judgment” (Consent Judgment) approved by this Court in October 1997,1 as well as various provisions set forth in a contract Dubbeld had entered into with Florida Lawyers Assistance, Inc. (FLA), as part of the Consent Judgment. After this Court issued an order to show cause and received responses from the parties, a referee was appointed to preside over Dubbeld’s case in accordance with rule 3-7.6(a) of the Rules Regulating The Florida Bar. On August 5, 1998, the duly appointed referee conducted a final hearing in Dubbeld’s case, after which the referee entered a written report containing the following findings of fact (footnote added):

1. The respondent failed to appear for the final hearing at 11:00 a.m., on August 5, 1998. On the morning of [938]*938the final hearing, an individual who identified himself as being the respondent telephoned this referee’s judicial assistant and informed her that the hearing could be canceled because the respondent and the bar had resolved the case through a plea agreement. This appears to be an intentional misrepresentation and I request the bar to investigate this allegation in a separate disciplinary proceeding.
2. The respondent indicated that he had voluntarily chosen to leave the state rather than to appear at the final hearing. He filed no motion for continuance prior to the final hearing.
3. On September 4,1997, the respondent executed a ... Consent Judgment wherein he agreed to a three year period of probation conditioned on his fully complying with the terms of his contract with [FLA], attending and participating in five Alcoholics Anonymous (hereinafter referred to as “AA”) meetings each week for a period of six consecutive weeks and thereafter as set forth in his [FLA] contract, undergoing a complete psychiatric evaluation within 30 days of this court’s order accepting his plea, following any suggested treatment plan by said psychiatrist, submitting to weekly random urinalysis for a period of six weeks and thereafter as set forth in his [FLA] contract, and refraining from the use of any alcohol or drugs during the period of his probation. The case was styled The Florida Bar v. Dubbeld, Case No. 91,096 [TFB Case No. 96-31,869 (07A)].
4. On September 10, 1998, the referee in The Florida Bar v. Dubbeld ... entered his report recommending acceptance of the respondent’s plea.[2]
5. On October 2, 1997, the Supreme Court of Florida entered its order accepting the referee’s recommendation and ordering that the respondent be placed on a three year period of probation subject to the terms set forth in his ... Consent Judgment_
6. By letter dated March 24, 1998, to the respondent from Karal B. Oberdier of [FLA], with a copy to the bar, [FLA] advised the bar the respondent had failed to comply with all of his contractual obligations and probationary terms.
7. The respondent failed to attend to required AA and/or attorney support group meetings.
8. The respondent indicated to Craig Tedford, CAP, that he had been drinking alcohol in violation of his contract.
9. The respondent’s drug screens indicated positive for alcohol on at least one occasion.
10. The respondent was evaluated by Hearthstone and was recommended for extended treatment. The respondent failed to follow up with the extended treatment recommendation and,
11. The respondent failed to arrange for his AA sponsor to contact Ms. Ober-dier and failed to maintain contact with his AA sponsor as required.
12. The respondent failed to send Ms. Oberdier a copy of his evaluation performed a year ago with regard to the respondent’s alcoholism and drug abuse.
13. The respondent has violated his [FLA] contract random drug screening requirements in that he left the state without notifying [FLA].
14. The respondent failed to report for a drug test on March 4,1998.
15. The respondent further failed to attend the [FLA] convention held between July 29, and July 31, 1998, in Orlando, Florida, despite the fact that his [FLA] contract required his attendance.
16. In the Conditional Guilty' Plea for Consent Judgment the respondent executed in The Florida Bar v. Dubbeld. ., the respondent knowingly and [939]*939voluntarily agreed to be placed on an immediate 91 day suspension should he violate his [FLA] contract.

Based on the above findings of fact, the referee recommended that Dubbeld be found guilty of violating the terms set forth in his Consent Judgment and his contract with FLA. As for discipline, the referee recommended that Dubbeld be suspended from the practice of law for ninety-one days and thereafter until he proves rehabilitation, consistent with the discipline contained in the previously executed Consent Judgment should Dubbeld violate the Consent Judgment. In recommending the ninety-one day suspension, the referee also considered Dubbeld’s age, 45, the fact that Dubbeld was admitted to the Bar on December 17, 1980, and Dub-beld’s Bar disciplinary history, which includes the following (footnote added):

1. The Florida Bar v. Dubbeld, TFB Case No. 89-30,523 (07A) — Private reprimand for verbally abusing police officer during a routine traffic stop. The respondent’s remarks were profane [and] were so loud that several onlookers were witnesses to his conduct.
2. The Florida Bar v. Dubbeld, TFB Case No. 90-30,386 (07A) — Private reprimand for being arrested on charges of domestic violence, assault on a law enforcement officer, engaging in disorderly conduct, criminal mischief, and resisting arrest without violence. He pled no contest to the domestic violence and disorderly intoxication charges. The remaining charges were dropped.
3. The Florida Bar v. Dubbeld, 92-30,669 (07A) — Admonishment for minor misconduct administered by an appearance before the Board of Governors of The Florida Bar for becoming verbally abusive in a courtroom with one of the police officers who had been involved with the respondent’s earlier DUI arrest. Another officer detected a strong odor of alcohol on the respondent’s breath at the time of the verbal exchange.
4. The Florida Bar v. Dubbeld, 594 So.2d 735 (Fla.1992) — Public reprimand with two year period of probation for being convicted of driving under the influence while his driver’s license was suspended[3

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594 So. 2d 735 (Supreme Court of Florida, 1992)

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Bluebook (online)
748 So. 2d 936, 24 Fla. L. Weekly Supp. 405, 1999 Fla. LEXIS 1459, 1999 WL 669203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-dubbeld-fla-1999.