In re Warren

1 Fla. Supp. 2d 200
CourtSupreme Court of Florida
DecidedNovember 5, 1981
DocketCase No. 61,174
StatusPublished

This text of 1 Fla. Supp. 2d 200 (In re Warren) 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
In re Warren, 1 Fla. Supp. 2d 200 (Fla. 1981).

Opinion

J. LEWIS HALL, JR., Referee and Circuit Judge.

I. STATE OF THE PROCEEDINGS.

The petition of Thomas A. Warren seeking reinstatement as a member in good standing in the Florida Bar was filed in the Supreme Court of Florida on September 14, 1981, pursuant to Article XI, Rule 11.11, Integration Rule of the Florida Bar.

Following due notice, the final hearing was held on October 21, 1981 and was concluded on October 23, 1981. Both parties have been afforded a full and adequate opportunity to present testimony and evidence. This evidence has been completed and fully considered by the undersigned.

[201]*201II. PETITIONER’S PERSONAL AND PROFESSIONAL HISTORY

Thomas A. Warren is a resident of Tallahassee, Florida. He is 33 years of age, is married, and his wife is an attorney for the Public Service Commission of the State of Florida. Mr. Warren obtained his law degree from the Florida State University School of Law in December, 1973, graduating with honors. In 1970 Mr. Warren obtained a B.S. degree in business from the Florida State University, where he also participated in intercollegiate athletics.

Petitioner was admitted to the Florida Bar in May, 1974. He was engaged in the private practice of law in Tallahassee as a general practitioner with the law firm of Parsons and Warren until his suspension in May of 1976.1 Since June of 1976 Mr. Warren has been and currently is employed as a law clerk in the law offices of Spriggs & Henderson, P.A., Tallahassee, Florida.

III. THE HISTORY OF PETITIONER’S CRIMINAL PROCEEDINGS.

Petitioner was arrested on August 19, 1974 and charged with conspiracy to import marijuana, a felony under the laws of the United States, and transportation of monetary instruments without filing the requisite report, a misdemeanor. Approximately one year elapsed before a formal indictment was issued relating to these charges. Trial was held in the United States District Court for the Southern District of Florida in November, 1975, and Petitioner was convicted on both counts. The late Honorable William O. Mehrtens, District Judge for the Southern District of Florida, sentenced Petitioner to 18 months for the felony and a concurrent sentence of 6 months for the misdemeanor. Extremely unusual and extensive appellate proceedings followed. In light of the unusual nature of these proceedings, the undersigned deems it relevant and material to briefly describe them.

Nearly a year and one-half elapsed after Petitioner appealed his conviction before the United States Court of Appeals for the Fifth Circuit issued an opinion on April 7, 1977. In an unanimous decision, the three judge panel reversed Petitioner’s conviction.2 Four months later, after the Government petitioned for rehearing, the Fifth .Circuit Court of Appeals ordered that the case be reheard by the court sitting en banc. Argument was heard on the en banc reconsideration in September [202]*202of 1977 and, nearly one year later, in August of 1978, the en banc court reversed the panel decision and reinstated Petitioner’s conviction in an 8-6 decision.3 In that opinion, the en banc court pretermitted review of the concurrent misdemeanor conviction. However, in an apparently unprecedented action, several months later the Fifth Circuit granted a second en banc rehearing to consider that issue. After yet another year passed, a unanimous decision of the en banc court finally issued in February of 1980, reversed the misdemeanor conviction, and ordered that a judgment of acquittal be entered on that count.4 With this decision, Petitioner’s appellate proceedings in the Fifth Circuit finally came to an eind, having been in that Court for well over four years. A Petition for Certiorari to the United States Supreme Court was denied on May 19, 1980 and on August 19, 1980, exactly six years to the day after his arrest, Petitioner began his sentence.

A motion to reduce sentence was filed on Petitioner’s behalf in the United States District Court for the Southern District of Florida in early fall, 1980. On November 4, 1980, the Honorable Sidney Aronovitz, United States District Judge for the Southern District of Florida, mitigated Petitioner’s sentence, reducing it to one year and one day. In his order,5 Judge Aronovitz found that:

During the six years from initial arrest until the date of voluntary surrender to commence service of sentence, August, 1980, during which trial and various appeals were pending, “[Petitioner] ha[s] proved [himself] to be a contributing member of the community.”
Seldom, if ever, does the United States District Court have an opportunity, such as is presented here, in which it can ascertain the adjustment, rehabilitation and lifestyles of defendants post-sentence. This circumstance is indeed unique here, and affords the court an opportunity, which a judge is not usually permitted, in which he can evaluate the lifestyles, community contributions, remorse, admissions of guilt, adjustments, and the like.

Id., at p. 1.

[203]*203On December 5, 1980, the United States Parole Commission agreed that mitigating circumstances existed, followed Judge Aronovitz’ rationale, and granted Petitioner early parole. On January 5, 1981, Petitioner was paroled. Petitioner successfully completed his parole term, and his civil rights have been restored by the Governor of the State of Florida and members of the Cabinet.6

IV. SUMMARY OF THE TESTIMONY AND EVIDENCE.
A. FOR THE BAR—

The Bar presented no evidence, either testimonial or otherwise, at the final hearing.

B. FOR PETITIONER—

In addition to Mr. Warren, six witnesses testified on his behalf: four actively practicing attorneys (including Mr. Warren’s employer of the past five and one-half years), an administrator of a major state hospital, and the director of a local community organization.

1. Kent Spriggs.

Mr. Spriggs, of Spriggs & Henderson, P.A., Tallahassee, Florida, was admitted to the Bar in 1967 and has practiced law in Tallahassee for over ten years, specializing in complex Federal litigation, primarily employment discrimination law. Mr. Spriggs is also a Tallahassee City Commissioner. He has been Mr. Warren’s employer since June of 1976. As his employer, Mr. Spriggs has had daily contact with and supervision of Mr. Warren during the more than five years that Mr. Warren has worked as a law clerk at Spriggs & Henderson. Mr. Spriggs testified in specific detail about the care that he and Mr. Warren have taken in assuring that the terms of Mr. Warren’s suspension have been met.7 Mr. Spriggs referred to specific communications which had occurred between him and the Florida Bar requesting guidance on the appropriate parameters of Mr. Warren’s employment.8 An informal opinion requested by Mr. Spriggs and issued by the Florida Bar stated that Mr. Warren “. . . may [204]

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Related

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401 So. 2d 1347 (Supreme Court of Florida, 1981)
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Florida Bar
323 So. 2d 257 (Supreme Court of Florida, 1975)

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Bluebook (online)
1 Fla. Supp. 2d 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-warren-fla-1981.