Florida Board of Bar Examiners re J.C.B.

655 So. 2d 79, 20 Fla. L. Weekly Supp. 165, 1995 Fla. LEXIS 534, 1995 WL 215018
CourtSupreme Court of Florida
DecidedApril 13, 1995
DocketNo. 84542
StatusPublished
Cited by8 cases

This text of 655 So. 2d 79 (Florida Board of Bar Examiners re J.C.B.) 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 Board of Bar Examiners re J.C.B., 655 So. 2d 79, 20 Fla. L. Weekly Supp. 165, 1995 Fla. LEXIS 534, 1995 WL 215018 (Fla. 1995).

Opinion

PER CURIAM.

This is a petition for review of a recommendation by the Florida Board of Bar Examiners that J.C.B. not be admitted to The Florida Bar. We have jurisdiction pursuant to article V, section 15 of the Florida Constitution.

We deny J.C.B.’s petition because we find that he has not shown rehabilitation sufficient to warrant his admission.

J.C.B. was admitted to The Florida Bar in 1955. This Court disbarred him in 1986 for personal use of a client’s legal funds and neglect of a legal matter. He applied for readmission to the Bar in 1992. He has passed the Multistate Professional Responsibility Examination and both parts of the General Bar Examination.

Because of J.C.B.’s disciplinary history and information he provided on his Bar application, the Florida Board of Bar Examiners held an investigative hearing into his case in June 1993. Based on that hearing, the Board prepared specifications and held a formal hearing in May 1994. Finding the five specifications proven, the Board recommended that J.C.B. be denied admission to the Bar.

The first specification concerns J.C.B.’s disbarment. This Court disbarred J.C.B. [80]*80based on three instances in which he received money on behalf of a client, but failed to forward the money to the client. Also, in another case, J.C.B. neglected a legal matter for four years, then refused to turn over files when the client hired a new lawyer.

Specification 2(A) concerns J.C.B.’s arrest for second-degree grand theft in 1985 based on his failure to deliver funds to a client. The charges were dropped after J.C.B. transferred ownership of his Jaguar to the client, who then did not show up for trial. The Board found that the underlying misconduct of this specification and Specification 1 were disqualifying for admission.

Specification 2(B) concerns a contempt of court charge filed in 1973 and later dropped. J.C.B. said he thought the charge stemmed from his failure to appear in court on behalf of a client.

The third specification concerns financial irresponsibility to creditors. J.C.B. has outstanding judgments from the mid-1980s to accountants, a foundation, a bank, and a doctor, and Internal Revenue Service tax liens levied on bank accounts, including one for more than $27,000. J.C.B. admitted the specific allegations, but denied the general allegation that he lacked financial responsibility.

In evaluating J.C.B.’s financial responsibility, the Board considered that even though J.C.B. had no income from 1985 to 1986, he bought a new Mustang convertible when there were less expensive ears on the lot; J.C.B. has paid more recent obligations, but has left the mid-1980s judgments unsatisfied; and he works full-time for a lawyer for $150 a week when he testified that he could earn $40,000 a year as a law clerk.

The fourth specification concerns the suspension of J.C.B.’s driver’s license for failure to pay a speeding ticket. The Board found that J.C.B. had, at the very least, constructive notice of the suspension, but failed to report this on his Bar application.

Specification 5 concerns J.C.B.’s characterization in his Bar application of why he was disbarred:

During this time frame, through my carelessness and gross negligence [a client’s] money held in trust by me was used for matters unrelated to his case.

J.C.B. said at his investigative hearing that he made a mistake and negligently took the money, but he did not steal. The Board found that J.C.B.’s application and testimony at the investigative hearing were false, misleading, or lacking in candor. The referee in his Bar discipline case specifically found J.C.B. guilty of violating disciplinary rules involving dishonesty, fraud, deceit, or misrepresentation. J.C.B. also denied during his formal hearing that he intentionally stole from his clients. The Board said it was bound by the referee’s and this Court’s finding in 1986 that J.C.B. personally used a client’s funds.

The Board found that Specifications 2, 3, 4, and 5, when viewed collectively, were disqualifying for admission to the Bar.

The Board was concerned that five character witnesses who recommended J.C.B. for admission during the formal hearing did not know why he was disbarred. In addition, the Board did not find specific evidence of rehabilitation to overcome the seriousness of the proven specifications.1

Because of the seriousness of J.C.B.’s past misconduct, concerns about his apparent financial responsibility, his apparent unwillingness to accept full responsibility for conversion of clients’ funds to his own use, and insufficient evidence of rehabilitation, the Board recommended denying J.C.B. admission to the Bar.

In seeking readmission, J.C.B. bears the heavy burden of establishing rehabilitation. See Florida Bar re Janssen, 643 So.2d 1065, 1066 (Fla.1994); Florida Bar re John, 559 So.2d 1089, 1090 (Fla.1990). To determine whether J.C.B. should be readmitted, we may review the factual underpinnings [81]*81of the Board’s recommendation by conducting an independent review of the record. Florida Bd. of Bar Examiners re R.D.I., 581 So.2d 27, 29 (Fla.1991). Having done so, we agree with the Board that J.C.B. has not shown sufficient rehabilitation and should not be readmitted.

Against the weight of the record, J.C.B. continues to maintain that he was merely “grossly negligent” when he used client’s funds for his own use. J.C.B. argues that he is being penalized for consistently disagreeing with a legal holding. He says there is no competent, substantial evidence that he is unwilling or unable to acknowledge his prior wrongdoing and that he did not give testimony that was false, misleading, or lacking in candor in his sworn statement in his application and his sworn testimony at the investigative hearing. J.C.B. pleaded guilty to the charges before the referee, did not contest the sanction of disbarment, and has steadfastly maintained that he did not intend the ethical violations. But the referee and this Court have found J.C.B.’s behavior that led to his disbarment to be intentional and not the result of negligence.

We find J.C.B.’s case distinguishable from Florida Board of Bar Examiners re L.K.D., 397 So.2d 673 (Fla.1981). In L.K.D., the applicant maintained her innocence of a shoplifting charge. The Court found that her acquittal justified her maintaining innocence “even though the Board might have thought it advantageous to make a showing of repentance.” Id. at 676. In the instant ease, J.C.B. was sanctioned for intentional wrongdoing, yet he maintains that this wrongdoing was merely negligent.

In addition, J.C.B. has not attempted to repay longstanding debts. He contends that the Board found him financially irresponsible because he has not declared bankruptcy, even though this Court has denied admission to applicants who have declared bankruptcy to discharge their financial obligations.

First, the Board did not find J.C.B. financially irresponsible because he has not declared bankruptcy. The Board found him financially irresponsible because he failed to attempt to satisfy his outstanding debts, and he continued to work for $150 per week when he had other, higher-paying job opportunities.

Second, bankruptcy does not necessarily bar admission. In Florida Board of Bar Examiners re G.W.L.,

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Bluebook (online)
655 So. 2d 79, 20 Fla. L. Weekly Supp. 165, 1995 Fla. LEXIS 534, 1995 WL 215018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-board-of-bar-examiners-re-jcb-fla-1995.